II 
I 


!  H  }  {i       WW WHY 


III 


I 


UiUfifilHitil* 


:i 


fill   11 
I 


5 


i 


ifi 


;  ;  i 


ifii 


iiii 


m»r»M 


I 


pi 


i 


:l":.::^ 


If 


11    ill 
W 


■h>u 


111 


Silll    111 


IHliir 


ffl  I  siililllll 


11 


ilHIil 


Cbe  Lifcrarp 

Otttft 

OnitJersitp  of  JBortf)  Carolina 


Collection  of  jRortf)  Caroliniana 

(SnDotoeti  bp 

3Jofm  §>prtmt  lill 

of  tf>e  (ZEIassss  of  1889 


C342.£ 


c.& 


llllllllflllffl 

10000409906 


This  book  may  be  kept  out  one  month  unless  a  recall 
notice  is  sent  to  you.  It  must  be  brought  to  the  North 
Carolina  Collection  (in  Wilson  Library)  for  renewal. 


0 


Form  No.  A-369 


Digitized  by  the  Internet  Archive 

in  2011  with  funding  from 

Ensuring  Democracy  through  Digital  Access  (NC-LSTA) 


http://www.archive.org/details/journalofconstit1875nort 


JOURNAL 


OF    TUB 


♦   J  J  ♦ 


OF    THE 


STATE  OF  NORTH  CAROLINA, 


KIBILJD  PZ3ST  1875. 


KALEIGH: 

J08IAH   TURNER,    STATE   PRINTER   AND   BINDER. 

1875. 


\ 


\ 


JOURNAL 


OF   THE 


CONSTITUTIONAL   CONVENTION, 

OIF    18*75,1 


FIRST  DAT. 

Monday,  September  6,  1875. 

By  virtue  of  an  act  of  Assembly  ratified  on  the  nineteenth 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seventy-five,  a  Convention  of  the  people  of  North 
Carolina  met  in  the  hall  of  the  House  of  Representatives,  at 
the  city  of  Raleigh,  to-day,  Monday,  September  the  sixth,  A. 
D.  1875,  for  the  purpose  of  considering  and  adopting  amend- 
ments to  the  Constitution  of  the  State. 

At  12  M,  the  delegates  were  called  to  order  by  his  Honor 
Thomas  Settle,  one  of  the  Associate  Justices  of  the  Supreme 
Court. 

The  Chair  designated  Messrs.  Young  of  Granville,  French 
of  New  Hanover,  Cunningham  of  Person,  and  Bennett  of  An. 
son,  to  assist  him  in  the  discharge  of  his  duties. 

The  delegates  designated  came  forward  and  took  their  seats 
at  the  Clerk's  desk. 

Mr.  Tourgee  offered  the  following  protest : 

We,  the  undersigned,  delegates  elect  to  this  Convention, 
protest  against  the  validity  of  the  oath  prescribed  in  the  act  of 


4  JOURNAL  OF  THE 

the  General  Assembly  calling  this  Convention  as  being  beyond 
the  power  of  any  Legislature  to  impose,  contrary  to  the  politi- 
cal history,  usages  and  precedents' heretofore  acknowledged 
and  acted  upon  for  forty  years  by  both  political  parties  in  this 
State,  subversive  of  the  rights  and  derogatory  to  the  dignity  o 
the  people  of  the  State. 

A.  W.  TOURGEE,  de 

GEO.  Z.  FRENCH, 

W.J.  MUNDKN, 

S.  H.  MANNING, 

JOSEPH  DIXON, 

WILSON  CAREY, 

J.  O.  CROSBY, 

J.  A.  BULLOCK, 

J.  Q.  A.  BRYAN, 

J.  W.  ALBERTSON, 

ALLEN  JORDAN, 

J.  WILLIAMS  THORNE, 

P.  T.  MASSEY, 

J.  F.  WOODFIN, 

W.  H.  WHEELER, 

O.  II.  DOCKERY, 

A.  L  DAVIS, 

A.  McCABE, 
W.  P.  MABSON, 
J.  J.  NO  WELL, 
J.  ORRIN  WILCOX, 

B.  F.  JONES, 
i     J.  M.  JUSTICE, 

B.  R.  HINNANT, 
J.  F.  SCOTT, 

There  being  a  quorum  present,  the  Chair  ordered  the  roll  of 
the  counties  of  the  State  to  be  called  in  their  alphabetical 
order,  and  the  delegates  elect  to  come  forward,  as  their  re- 
spective counties  were  called,  and  present  their  certificates  of 
election. 


jgate  frotr 

Guilford      county. 

cc 

IC 

New  Hanover 

a 

a 

u 

Pasquotank 

a 

a 

cc 

New  Hanover 

a 

u 

a 

Greene 

a 

CC 

a 

Caswell 

a 

cc 

a 

Warren 

a 

a 

cc 

Granville 

a 

u 

cc 

Wilkes 

a 

a 

a 

Perquimans 

a 

a 

a 

Montgomery 

a 

a 

u 

Warren 

a 

cc 

a 

Johnston 

u 

a 

cc 

Henderson 

a. 

a 

u 

Fors37the 

u 

a 

a 

Richmond 

a 

a 

a 

Wake 

a 

cc 

a 

Edgecombe 

a 

u 

cc 

a 

a 

cc 

a 

Wake 

a 

a 

a 

Ashe 

cc 

a 

a 

Yadkin 

« 

a 

a 

Rutherford 

a 

a 

ti 

Johnston 

a 

a 

a 

Jones 

CC 

CONVENTION  OF  1875  5 

Under  this  call  the  following  delegates  appeared,  produced 
their  credentials,  and  were  sworn  in  by  his  Honor  Judge  Settle, 
as  prescribed  by  the  act  of  Assembly  aforementioned  : 
From  the  county  of 

Alamance — James  E.  Boyd. 

Alexander — Reuben  Watts. 

Alleghany — E.  L.  Yaughan. 

Anson — Risden  T.  Bennett. 

Ashe— J.  O.  Wilcox. 

Beaufort  and  Pamlico — James  E.  Shepherd. 

Bertie— F.  W.  Bell. 

Bladen—  A.  McDonald. 

Brunswick — Edward  W.  Taylor. 

Buncombe — Thomas  L.  Clingman  and  David  Coleman. 

Burke — Alphonso  C.  Avery. 

Cabarrus — B.  W.  Allison. 

Caldwell— Edmund  W.  Jones. 

Camden — J.  L.  Chamberlain. 

Caswell — E.  B.  Withers  and  Wilson  Gary.  '< 

Carteret — James  Rnmley. 

Catawba— M.  L.  McCorkle. 

Chatham — John  Manning  and  W.  F.  Strowd. 

Cherokee  and  Graham — J.  W.  Cooper. 

Chowan — John  R.  Page.-*/ 

Clay — J.  S.  Anderson. 

Cleaveland — Plato  Durham. "" 

Columbus — Forney  George. 

Craven — R.  F.  Lehman  and  John  S.  Mannix. 

Cumberland — Ralph  P.  Buxton  and  J.  C.  Blocker. 

Currituck— W.  H.  Co  well. 

Dare — G.  B.  Bliven. 

Davidson — F.  C.  Robbins  and  B.  B.  Roberts. 

Davie — Charles  Price. 

Duplin — John  N.  Stallings  and  William  Farrior. 

Edgecombe — W.  P.  Mabson^dnd  A.  McCabe. 

For sy the— W.  II .  Wheeler. 


6  JOURNAL  OF  THE 

Franklin — W.  F.  Green. 
Gaston — Jonas  Hoffman. 
Gates— W.  P.  Roberts. 

Granville — Isaac  J.  Young  and  J.  A.  Bullock. 
Greene — Joseph  Dixon. 

Guilford — Albion  W.  Tpurgee  and  A.  S.  Holton. 
Halifax — J.  E.  O'Hara  and  J.  J.  Goodwyn. 
Harnett — John  H.  Harrington. 
Ha}7wood — Samuel  L.  Love. 
Henderson — John  F.  Woodfin. 
Hertford — J.  J.  Horton, 
Hyde—  W.  S.  Carter. 

Iredell — T.  A.  Nicholson  and  C.  A.  Summers,. 
Jackson — G.  W.  Spake. 
Johnston — B.  R.  Hinnant  and  P.  T.  Massey. 
Jones — J.  F.  Scott. 
Lenoir — R.  W.  King. 
Lincoln — Caleb  Motz. 
Macon— W.  N.  Allman. 
Martin— C.  B.  Hassell. 
McDowell — Samuel  J.  Neal. 

Mecklenburg — Rufus  Barringer  and  W.  M.  Kerr. 
Madison — J.  G.  Anderson. 
Montgomery — Allen  Jordan. 
Mitchell— J.  W.  Bowman. 
Moore  -W.  M.  Black. 
Nash— B.  H.  Bumi. 

New  Hanover  and  Pender—  G.  Z.  French,  S.  H.  Manning 
and  J.  H.  Smythe. 

Northampton — Win.  Barrow. 

Onslow — James  G.  Scott. 

Orange — Josiah  Turner. 

Pasquotank — W.  J.  Mnnden. 

Perquimans — J.  W.  Albertson. 

Person — J.  W.  Cunningham. 

Pitt — Thomas  J.  Jarvis  and  Wm.  M.  King,. 


CONTENTION  OF  1875.  7 

Polk— N.  B.  Hampton. 

Randolph — J.  W.  Bean  and  A.  M.  Lowe. 

Richmond — Oliver  H.  Dockery. 

The  county  of  Robeson  being  called,  Messrs.  Duncan 
Sinclair  and  C.  A.  McEachin  and  Messrs.  R.  M.  Norment 
and  Neill  McNeill  appeared  in  response  thereto,  the  lat- 
ter resisting  the  right  of  the  former  to  seats  in  the  Conven- 
tion. 

Thereupon,  the  Chair  ordered  the  several  claimants  to  stand 
aside  until  the  call  of  the  counties  was  concluded ;  and  or- 
dered the  Clerks  to  proceed  with  the  roll,  and  the  following 
delegates  were  sworn  in : 
From  the  county  of 

Rockingham — David  S.  Reid  and  J.  Turner  Morehead. 

Rowan — F.  E.  Shober  and  John  S.  Henderson. 
*-  Rutherford — James  M.  Justice. 

Sampson — William  Kirby  and  S.  J.  Faison. 

Stanly — Joseph  Marshall. 

Stokes— W.  W.  McCanless. 

The  county  of  Surry  was  called.  Joseph  Dobson  appeared 
in  response  to  the  call,  and  offered  his  certificate  of  election. 
Objection  being  raised  to  his  being  sworn  in,  Mr.  Dobson 
stood  aside  for  the  present ;  and  the  call  of  the  connties  was 
proeeeded  with. 

The  following  delegates  appeared,  presented  their  creden- 
tials, and  were  sworn  in  : 
From  the  county  of 

Swain — E.  Everett. 

Transylvania — Gr.  W.  Wilson. 

Tyrrell — Edward  Ransom. 

Union — T.  W.  Redwine. 

Wake — M.  C.  Hodge,  A.  L.  Davis  and  J.  J.  Nowell. 

In  response  to  the  call  of  Wake  county,  R.  C.  Badger  also 
appeared,  ard  offered  his  credentials  ;  but,  objection  being 
raised  to  his  being  sworn  in,  he  stood  aside  for  the  present. 

Warren  county  was  then  called. 


8  JOURNAL  OF  THE 

J.  W.  Thorne  and  J.  O.  Crosby  appeared  in  response 
thereto,  presented  their  certificates  of  election,  and  were 
sworn  in. 

Washington  county  was  next  called. 

J.  M.  Bateman  appeared  and  offered  his  credentials,  but 
objection  being  raised  to  his  being  sworn  in,  he  stood  aside 
for  the  present. 

The  Clerk  proceeded  with  the  roll  call,  when  the  following 
delegates  appeared,  presented  their  credentials,  and  were 
sworn  in  : 

From  the  county  of 

Watauga — Hervey  Bingham. 

Wayne— W.  T.  Faircloth  and  G.   H.  Grantham. 

Wilson — R.  W.  Singeltary. 

Wilkes  county  was  next  called. 

T.  J.  Dula  and  J.  Q.  A.  Bryan  appeared  in  response 
thereto,  and  offered  their  credentials  ;  but,  objection  being 
raised  to  their  being  sworn  in,  they  stood  aside  for  the  present. 

Then  the  county  of  Yadkin  was  called. 

B.  F.  Jones  appeared  and  offered  his  certificate  of  election  ; 
but,  objection  being  raised,  he  stood  aside  for  the  present. 

The  county  of  Yancey  was  next  called,  when  C.  R.  Byrd 
appeared,  presented  his  certificate  of  election,  and  was 
sworn  in. 

Robeson  county  was  again  called,  when  Messrs.  Duncan  Sin- 
clair and  C.  A.  McEachin,  and  Messrs.  R.  M.  Norment  and 
Neil  McNeil  again  appeared,  the  two  former  presenting  cer- 
tificates from  the  sheriff  of  Robeson  county,  and  the  two  lat- 
ter presenting  certified  returns  of  the  poll  holders  of  the  dif- 
ferent precincts  in  Robeson  county. 

The  Chair  ordered  the  Clerk  to  read  the  certificates  and 
statements  presented  by  the  claimants. 

The  Clerk  read  as  ordered. 

Thereupon,  the  Chair  decided  that  Messrs.  Duncan  Sinclair 
and  C.  A.  McEachin  were  entitled  to  be  seated  in  this  Con- 
vention as  the  delegates   elect   from   Robeson   county,  they 


CONVENTION  OF  1875.  9 

having  presented    certificates  of  election    from    the  sheriff  of 
that  county,  as  required  by  the  statute. 

Messrs.  Duncan  Sinclair  and  C.  A.  McEachin  were  accord- 
ingly sworn  in  by  his  Honor,  Judge  Settle,  as  members  of  the 
Convention. 

The  following  delegates  then  re-appeared  ;  presented  their 
certificates  of  election  ;  and,  the  objections  being  withdrawn, 
were  duly  qualified  as  provided  in  the  act  of  Assembly. 
From  the  county  of 

Surry — Joseph  Dobson. 

Wake— R.  C.  Badger. 

Washington — J.  M.  Bateman. 

Wilkes— T.  J.  Dula  and  J.  Q.  A.  Bryan. 

Yadkin — B.  F.  Jones. 

The  Chair  announced  that  nominations  for  President  of  the 
Convention  were  now  in  order. 

Mr.  Albertson  nominated  Oliver  II.  Dockery,  of  Richmond 
county. 

Mr.  Reid  nominated  Edward  Ransom,  of  the  county  of 
Tyrrell. 

The  roll  was  called,  and  the  following  delegates  voted  for 
Mr.  Ransom : 

Messrs.  Allison,  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Durham,  Everett,  Faison,  Farrior,  George,  Green,  Harrington, 
Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt, 
Kirby,  Love,  Manning  of  Chatham,  Marshall,  McCorkle,  Mc- 
Eachin, Morehead,  Motz,  Neal,  Nicholson,  Price,  Redwine, 
Reid,.  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
Jey,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strovvd,  Summers,  Turner,  Vaughan,  Watts, 
Wilson  and  Withers— 59. 

The  following  delegates  voted  for  Mr.  Dockery  : 

Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bateman, 
Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock, 


10  JOURNAL  OF  THE 

Buxton,  Bryan,  Carey,  Chamberlain,  Crosby,  Davis,  Dixon, 
Dule,  Faircloth,  French,  Goodwin,  Grantham,  Hampton,  Hin- 
nant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin, 
Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mab- 
son,  Mannix,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanless,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott 
of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox 
Woodfin  and  Young — 58. 

Mr.  Dockery  voted  for  Mr.  Wheeler. 

Mr.  Ransom  voted  for  Mr.  Reid. 

The  result  was  announced,  and  the  Chair  declared  that  there 
was  no  election,  as  sixty  votes,  that  is  a  majority  of  the  whole 
number  voting,  were  required  to  elect  ;  and  ordered  another 
vote  to  be  taken. 

The  Clerk  called  the  roll,  with  the  following  result : 

Foe  Mr.  Ransom — Messrs.  Allison,  Allman.  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
bam,  Dobson,  Durham,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Weal,  Nich- 
olson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober, 
Sinclair,  Singletary,  Spake,  Stallings,  Strowd,  Summers,  Tur* 
ner,  Yaughan,  Watts,  Wilson  and  Withers — 59. 

For  Mr.  Dockery — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bell,  Black,   Bliven,  Blocker,  Bow 
man,    Boyd,   Bullock,    Buxton,   Bryan,    Gary,    Chamberlain, 
Crosby,    Davis,  Dixon,     Dula,    Faircloth,  French,    Goodwin, 
Grantham,    Hampton,  Hinnant,    Hodge,   Hoffman,    Holton 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Le- 
noir, Lehman,  Lowe,  Mabson,  Mannix,  Manning  of  New  Han- 
over,   Massey,     McCabe,     McCanless,    McDonald,    Munden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor,  Thorne, 
Tourgee,  Wheeler,  Wilcox,  Woodfin  and  Young — 58. 


CONVENTION  OF  1875.  11 

Mr.  Dockery  voted  for  Mr.  Wheeler. 

Mr.  Ransom  voted  for  Mr.  Reid. 

The  Chair  announced  the  result,  and  declared  that  there  was- 
no  election. 

Mr.  Ransom  moved  that  the  Convention  do  now  adjourn 
until  10  A.  M.  to-morrow. 

The  motion  prevailed,  and  the  Convention  stood  adjourned 
until  to-morrow  at  10  A.  M. 


£  SECOND  DAY. 

Ttjebday,  September  7,  1875. 

The  Convention  assembled  at  10  A.  M.,  pursuant  to  ad~ 
journment,  and  was  called  to  order  by  Associate  Justice 
Settle. 

On  motion  of  Mr.  Reid,  the  roll  was  called,  and  the  follow- 
ing delegates  responded  to  their  names  : 

Messrs.  Albertson,  Allison,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Bennett,  Bingham,  Black,  Bliven,  Blocker* 
Bowman,  Boyd,  Bullock,  Bunn,  Buxton,  Bryan,  Byrd,  Cary, 
Carter,  Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell, 
Crosby,  Cunningham,  Davis,  Dixon,  Dobson,  Dockery,  Dula, 
Durham,  Everett,  Faircloth,  Faison,  Farrior,  French,  George, 
Goodwin,  Grantham,  Green,  Hampton,  Harrington,  Hassel, 
Henderson,  Hinnant,  Hodge,  Hoffman,  Holton,  Hortony 
Jarvis,  Jones  of  Caldwell,  Jones  of  Yadkin,  Jordan,  Justice, 
Kerr,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Lehman,  Love, 
Lowe,  Mabson,  Mannix,  Manning  of  Chatham,  Manning  of 
New  Hanover,  Marshall,  Massrey,  McCabe,  McCanless, 
McCorkle,  McDonald,  McEachin,  Morehead,  Motz,  Munden„ 


12  JOURNAL  OF  THE 

Neal,  Nicholson,  Nowell,  O'Hara,  Page,  Price,  Ransom,  Red- 
wine,  Reid,  Robbing,  Roberts  of  Davidson,  Roberts  of  Gates 
Rumley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober, 
Sinclair,  Singeltary,  Smythe,  Spake,  Stallings,  Strowd, 
Summers,  Taylor,  Thorne,  Tourgee,  Turner,  Yaughan,  Watts, 
Wheeler,  Wilcox,  Wilson,  Withers,  Woodfin  and  Young — 
119. 

On  motion  of  Mr.  Tourgee,  the  Chair  appointed  John  H. 
Hill  and  John  A.  McDonald  temporary  doorkeepers. 

The  Chair  announced  that  the  election  of  a  President  of  the 
^Convention  was  still  in  order;  and  there  being  no  other 
nominations,  the  Chair  ordered  the  roll  to  be  called,  which 
was  done  with  the  iollowing  result : 

The  delegates  who  voted  for  Mr.  Ransom  were  : 

Messrs.  Allison,  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Pennett,  Pingham,  Punn,  Pyrd,  Carter, 
dingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Durham,  Everett,  Faison,  Farrior,  George,  Green,  Harring- 
ton, Hassel,  Henderson,  Jarvis,  Jones,  of  Caldwell,  King  of 
Pitt,  Kirby,  Love,  Manning  of  Chatham,  Marshall,  Mc- 
Corkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Grates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner, 
Yaughan,  Watts,  Wilson  and  Withers — 59. 

Those  who  voted  for  Mr.  Dockery  were : 

Messrs.  Albertson,  Padger,  Parringer,  Barrow,  Pateman, 
Bean,  Pell,  Black,  Pliveri,  Plocker,  Bowman,  Boyd,  Pullock, 
Puxton,  Bryan,  Gary,  Chamberlain,  Crosby,  Davis,  Dixon, 
Dnla,  Faircloth,  French,  Goodwin,  Grantham,  Hampton, 
Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin, 
Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mab- 
son,  Mannix,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanless,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott 
of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wil- 
'•cox,  Woodfin  and  Young — 58. 


CONVENTION  OF  1875.  IS 

Mr.  Dockery  voted  for  Mr.  Wheeler. 

Mr.  Ransom  voted  for  Mr.  Reid. 

The    Chair   announced    that   there    was    no   election  ;  and 
ordered  the  roll  to  be  called  again. 

The  vote  resulted  as  follows  : 

For  Mb.  Ransom — Messrs.  Allison,  Allman,  Anderson  of' 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George,, 
Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Sho- 
ber,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers,. 
Turner,  Yaughan,  Watts,  Wilson  and  Withers — 59. 

Fob  Mr.  Dockeby — Messrs.  Albertson,  Badger,  Barringer,. 
Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bow- 
man, Boj^d,  Bullock,  Buxton,  Bryan,  Gary,  Chamberlain, 
Crosby,  Davis,  Dixon,  Dula,  Faircloth,  French,  Goodwin, 
Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,. 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Le- 
noir, Lehman,  Lowe,  Mabscn,  Mannix,  Manning  of  New 
Hanover,  Massey,  McCabe,  McCanless,  McDonald,  Munden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Sinythe,  Taylor, 
Thome,  Tourgee,  Wheeler,  Woodfin  and  Young — 57. 

Mr.  Dockery  voted  for  Mr.  Wheeler. 

Mr.  Ransom  voted  for  Mr.  Reid. 

Mr.  Wilcox  voted  for  Mr.  Reid. 

The  Chair  declared  there  was  no  election,  and  ordered 
another  vote  to  be  taken.     This  vote  resulted  as  follows: 

Fob  Mb.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George,. 
Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of  Cald 


14  JOURNAL  OF  THE 

■well,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Mar- 
shall, McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson, 
Price,  Redwine,  Reid,  R,obbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singletary,  Spake,  Stallings,  Strowd,  Summers,  Turner, 
Yaughan,  Watts,  Wilson  and  Withers — 59. 

For  Mb.  Dockery — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bow- 
man, Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlain, 
Crosby,  Davis,  Dixon,  Dnla,  Faircloth,  French,  Goodwin, 
Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman,  Holton, 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Le- 
noir, Lehman,  Lowe,  Mabson,  Mannix,  Manning  of  New  Han- 
over, Masse}',  McCabe,  McCanless,  McDonald,  Munden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thorne,  Tourgee,  Wheeler,  Woodfin  and  Young — 57. 

Messrs.  Ransom  and  Wilcox  voted  for  Mr.  Reid,  and  Mr. 
Dockery  for  Mr.  Wilcox. 

There  being  no  election,  the  roll  was  called  the  sixth  time, 
with  the  following  result : 

For  Mr.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Glay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassel,  Henderson,  Jarvis,  Jones  of 
■Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singletary,  Spake,  Stallings,  Strowd,  Sum- 
mers, Turner,  Yaughan,  Watts,  Wilson  and  Withers — 59. 

For  Mr.  Dockery — Messrs.  Albertson,  Barringer,  Barrow 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd, 
Bullock,  Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis, 
Dixon,  Dula,  Fairc'oth,  French,  Goodwin,  Grantham,  Hamp- 
ton, Hinnant,  Hoffman,  Holton,   Horton,  Jones  of  Yadkin, 


CONTENTION  OF  1S75.  15 

Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mab- 
son,  Mannix,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanless,  McDonald,  Munden,  Nowell,  Page,  Scott  of 
Jones,  S  my  the,  Taylor,  Thome,  Tourgee,  Wheeler,  Woodfin 
and  Young — 54. 

Messrs.  Badger,  Hodge,  O'Hara  and  Dockery  voted  for  Mr. 
Wilcox. 

Messrs.  Ransom  and  Wilcox  voted  for  Mr.  Reid. 

There  being  no  election,  the  vote  was  again  taken,  with  the 
following  result : 

Fob  Mr.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham, 
Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Durham,  Everett,  Faison,  Farrior, 
George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis, 
Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning 
of  Chatham,  Marshall,  McCorkle,  McEachin,  Morehead, 
Motz,  Neal,  Nicholson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings,  Strowd,  Summers,  Turner,  Yaughan,  Watts,  Wilson 
and  Withers — 59. 

For  Mr.  Dockery — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,' Blocker,  Bow- 
man, Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlaiu, 
Crosby,  •  avis,  Dixon,  Dnla,  Faircloth,  French,  Goodwin, 
Grantham,  Hampton,  Hinnant,  Hodge,  Huffman,  Holton, 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Le- 
noir, Lehman,  Lowe,  Mabson,  Mannix,  Manning  of  New 
Hanover,  Massey,  McCabe,  McCanless,  McDonald,  Munden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thorne,  Tourgee.  Wheeler,  Woodfin  and  Young — 57. 

Messrs.  Ransom  and  Wilcox  voted  for  Mr.  Reid. 

Mr.  Dockery  voted  for  Mr.  Wilcox. 

The  Chair  declared  that  there  was  no  election. 


16  JOURNAL  OF  THE 

The  Chair  then  announced  a  recess  of  thirty  minutes,  and 
the  Convention  took  a  recess. 

At  the  expiration  of  thirty  minutes,  the  Convention  re- 
assembled, and  was  called  to  order  by  his  Honor,  Associate 
Justice  Settle. 

There  being  no  election,  the  eighth  vote  was  taken,  with 
the  following  result : 

For  Mb.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassel,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober, 
Sinclair,  Singeltary, Spake,  Stallings,Strowd,  Summers,  Turner 
Yaughan,  Watts,  Wilson  and  Withers — 59. 

For  M«.  Dockery — Messrs.  Albertson,  Badger,  Barrow, 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman 
Bullock,  Buxton,  Bryan,  Chamberlain,  Crosby,  Davis,  Dula, 
Faircloth,  French,  Goodwin,  Grantham,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan, 
Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mabson, 
Mannix,  Manning  of  New  Hanover,  Massey,  McCabe,  Mc- 
Ganless,  McDonald,  Mnnden,  Nowell,  O'Hara,  Page,  Scott 
of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  "Wood- 
fin  and  Young — 53. 

Mr.  Boyd  voted  for  Mr.  Bennett. 

Mr.  Cary  voted  for  Mr.  Tourgee. 

Mr.  Dixon  voted  for  Mr.  Badger. 

Messrs.  Dockery  and  Barringer  voted  for  Mr.  Wilcox,  and 
Messrs.  Wilcox  and  Ransom  for  Mr.  Reid. 

There  being  no  election,  the  ninth  vote  was  taken,  with  the 
following  result : 

For  Mr.  Ransom — Messrs.   Allison,  Allman,  Anderson  of 


CONVENTION  OF  1875.  17 

Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of  Cald- 
well, King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Mar- 
shall, McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson, 
Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner, 
Vaughan,  Watts,  Wilson  and  Withers — 59. 

For  Mr.  Dockery — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bow- 
man, Bullock,  Buxton,  Bryan,  Cary,  Chamberlain,  Crosby, 
Davis,  Dixon,  Dula,  Faircloth,  French,  Goodwin,  Grantham, 
Hampton,  Hinnant,  Hodge,  Hoffman,  Hoi  ton,  Horton,  Jordan, 
Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Man- 
nix,  Manning  of  New  Hanover,  Massey,  McCabe,  McCanless, 
McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones, 
S  my  the,  Taylor,  Thorne,  Tourgee,  Wheeler,  Woodfin  and 
Young — 54. 

Messrs.  Ransom  and  Wilcox  voted  for  Mr.  Reid ;  Mr. 
Dockery  voted  for  Mr.  Wilcox  ;  Mr.  Boyd  for  Mr.  Bennett ; 
Mr.  Dixon  for  Mr.  Badger ;  Mr.  Jones  of  Yadkin  for  Mr. 
Wheeler. 

There  was  no  election,  and  the  tenth  vote  was  taken,  with 
the  following  result : 

For  Mr.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett, Bingham,  Bnnn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Dnrnam,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassel,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts    of    Gates,    Rumley,    Scott   of   Onslow,  Shepherd,. 


18  JOURNAL  OF  THE 

Shober,  Sinclair,  Singeltary,  Spake,  Stalling,  Strowd,  Sum- 
mers, Turner,  Yanghan,  "Watts,  Wilson  and  "Withers — 59. 

For  Mr.  Dockery — Messrs.  Albertson,  Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Bliven,  Blocker,  Bowman,  Bullock, 
Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon, 
Dula,  Faircloth,  French,  Goodwin,  Grantham,  Hampton, 
Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin, 
Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mab- 
son,  Mannix,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanless,®  McDonald,  Munden,  Nowell,  O'Hara,  Page, 
Smythe,  Taylor,  Thorne,  Tonn.ee  and  Young— 51. 

Mr.  Black  voted  for  Mr.  Badger;  Mr.  Scott,  of  Jones,  for 
Mr.  Scott,  of  Onslow  ;  Mr.  "Wilcox  for  Mr.  Jarvis;  Mr. 
Wheeler  for  Mr.  Shober  ;  Mr.  Dockery  for  Mr.  Bennett ;  Mr. 
Ransom  for  Mr.  Reid  ;  Messrs.  Boyd,  Badger  and  Woodfin 
for  Mr.  Withers. 

The  Chair  declared  tl  at  there  was  no  election. 

Mr.  Dockery  moved  that  the  Convention  do  now  adjourn 
-until  to-morrow  at  10  A.  M. 

The  yeas  and  nays  were  ordered  and  the  Convention  re- 
fused to  adjourn.     Yeas  35,  nays  84,  as  follows  : 

Yeas — Messrs.  Albeitson,  Badger,  Barrow,  Bell,  Bliven, 
Bowman,  Boyd,  Bullock,  Cary,  Chamberlain,  Davis,  Dockery, 
Durham,  Faircloth,  Fie  ch,  Goodwin,  Grantham,  Harring, 
ton,  Hodge,  Justice,  King  of  Lenoir,  Lehman,  Mabson,. 
Mannix,  Manning  of  New  Hanover,  McCabe,  McDonald, 
Munden,  Nowell,  Thorne,  Tourgee,  Yaughan,  Wilcox,  Wood- 
fin  and  "Young — 35. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barringer,  Bateman,  Bean,  Bennett, 
Bingham,  Black,  Blocker,  Bunn,  Buxton,  Bryan,  Byrd,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Crosby,  Cunningham, 
Dixon,  Dobson,  Dula,  Everett,  Faison,  Farrior,  George,  Green, 
Hampton,  Hassel,  Henderson,  Hinnant,  Hoffman,  Holton, 
Horton,  Jarvis,  Jones  of  Caldwell,  J<nes  of  Yadkin,  Jordan, 
Kerr,  King  of  Pitt,  Kirby,  Love,  Lowe,  Manning  of  Chatham, 


CONVENTION  OF  1875.  19 

Marshall,  Massey,  McCanless,  McCorlde,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  O'Hara,  Page,  Price,  Ransom, 
Redwine,  Reid,  Bobbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Smythe,  Spake,  Stallings,  Strowd, 
Summers,  Taylor,  Turner,  Watts,  "Wheeler,  Wilson  and 
Withers— 81. 

The  Chair  then  ordered  the  Clerk  to  call  the  roll,  and  the 
eleventh  vote  was  taken,  with  the  result  as  follows  : 

Fok  Mr.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassel,  Henderson,  Jarvis,  Jones  of  Cald- 
well, King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Mar- 
shall, McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nichol- 
son, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Sho- 
ber, Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Turner,  Vaughan,  Watts,  Wilson  and  Withers — 59. 

For  Mr.  Dockery — Messrs.  Albertson,  Barrow,  Bateman, 
Bean,  Bell,  Bliven,  Blocker,  Bullock,  Buxton,  Bryan,  Cary, 
Chamberlain,  Crosby,  Davis,  Dixon,  Dula.  Faircloth,  French, 
Goodwin,  Grantham,  Hinnant,  Hodge,  Hoffman,  Holton,  Hor- 
ton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir, 
Lehman,  Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover, 
Massey,  McCabe,  McCanless,  McDonald,  Nowell,  O'Hara, 
Page,  Scott  of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee  and 
Young — 48. 

Mr.  Ransom  voted  for  Mr.  Reid. 

Messrs.  Boyd  and  Badger  for  Mr.  Withers. 

Messrs.  Barringer,  Bowman  and   Dockery  for  Mr.  Bennett 

Mr.  Black  for  Mr.  Badger. 

Mr.  Hampton  for  Mr.  Scott,  of  Jones. 

Mr.  Munden  fcr  Mr.  McDonald. 

Mr.  Wilcox  for  Mr.  Jones,  of  Caldwell. 


20  JOURNAL  OF  THE 

Mr.  Wheeler  for  Mr.  Shober. 

Mr.  Woodfin  for  Mr.  Durham. 

The  Chair  declared  that  there  was  no  election. 

It  was  moved  that  the  Convention  do  now  adjourn  until  10 
A.  M.  to-morrow. 

The  motion  did  not  prevail. 

There  being  no  election,  the  twelfth  vote  was  taken,  as  fol- 
lows: 

For  Mb.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassel,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  iScott  of  Onslow,  Shepherd,  Sho- 
ber, Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Turner,  Yaughan,  "Walts,  Wilson  and  Withers — 59. 

For  Mr.  Dockery — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Black,  Bliven,  Blocker,  Bowman, 
Bnllock,  Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis, 
Dixon,  Dula,  Faircloth,  French,  Goodwin,  Grantham,  Hamp- 
ton, Hinnant,  Hodge,  Hofiman,  Holton,  Horton,  Jones  of 
Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman, 
Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover,  Massey, 
MeCabe,  McCanless,  McDonald,  Munden,  Nowell,  O'Hara, 
Page,  Scott  of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee^ 
Wheeler,  Woodfin  and  Young — 55. 

Mr.  Bell  voted  for  Mr.  Albertson. 

Mr.  Boyd  for  Mr.  Withers. 

Mr.  Wilcox  for  Mr.  Shober. 

Mr.  Dockery  for  Mr.  Bennett. 

Mr.  Ransom  for  Mr.  Reid. 

The  Chair  declared  that  there  was  no  election. 

Mr.  Dockery  moved  that  the  Convention  do  now  adjourn. 


CONVENTION  OF  1875.  21 

The  motion  did  not  prevail. 

The  thirteenth  vote  was  then  taken,  with  the  following 
result : 

For  Mr.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Ilassel,  Henderson,  Jarvis,  Jones  of  Cald- 
well, King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Mar- 
shall, Met  orkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson, 
Price,  Redwine,  Reid,  Bobbins,  Roberts,  of  Davidson,  Rob- 
erts,  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober, 
Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Tur- 
ner, Yaughan,  Watts,  Wilson  and  Withers — 59. 

For  Mk.  Dockery — Messrs.  Albertson,  Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Bul- 
lock, Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis, 
Dixon,  Dula,  Faircloth,  French,  Goodwin,  Grantham,  Hamp- 
ton, Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of 
Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman, 
Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover,  Massey, 
McCabe,  McCanless,  McDonald,  Munden,  Nowell,  O'Hara, 
Page,  Scott  of  Jones,  Smythe,  Taylor,  Thome,  Tourgee, 
Wheeler,  Wilcox,  Woodfin  and  Young — 56. 

Mr.  Boyd  voted  for  Mr.  Withers. 

Mr.  Badger  voted  for  Mr.  Bennett. 

Mr.  Dockery  for  Mr.  Durham. 

Mr.  Ransom  for  Mr.  Reid. 

The  Chair  declared  that  there  was  no  election,  and  again 
ordered  the  roll  to  be  called. 

The  fourteenth  and  last  vote  was  then  taken,  with  the  fol- 
lowing result  : 

For  Mr.  Ransom — Messrs.  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham, 
Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,    Dobson,   Durham,  Everett,   Faison,   Fairior, 


22  JOURNAL  OF  THE 

George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones 
of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Sho- 
ber,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Turner,  Vaughan,  Watts,  Wilson  and  Withers. 

For  Mr.  Dockery — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bow- 
man, Boyd,  Bullock.  Buxton,Bryan,  Cary,Chamberlain,  Crosby, 
Davis,  Dixon,  Dula,  Faircloth,  French,  Goodwin,  Grantham, 
Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones 
of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman, 
Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover,  Massey, 
McCabe,  McCanless,  McDonald,  Munden,  Nowell,  O'Hara, 
Page,  Scott  of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee, 
Wheeler,  Wilcox,  Woodfin  and  Young. 

Mr.  Dockery  voted  for  Mr.  Durham. 

Pending  the  announcement  of  this  vote,  Mr.  Ransom  said: 

*'  This  balloting  has  gone  on  long  enough.  I  have  not 
sought  this  position ;  I  do  not  desire  it.  I  have  cast  my  vote 
twice  to  defeat  myself.  The  people  seem  to  demand  that  this 
body  be  organized.  I  have  made  every  effort  to  procure  a 
compromise;  I  now  cast  my  vote  for  Edward  Ransom,  the 
delegate  from  Tyrrell  county,  let  the  consequences  be  what 
they  may." 

Thereupon  the  Chair  announced  that  Mr.  Ransom  had 
received  sixty  (60)  votes,  Mr.  Dockery  fifty-eight  (58)  and  Mr. 
Durham  one,  and  said  : 

"Mr.  Edward  Ransom  having  received  a  majority  of  all  the 
votes  cast,  I  hereby  declare  him  elected  to  the  Presidency  of 
this  Convention,  and  I  appoint  Messrs.  Cunningham,  of  Per- 
son, and  French,  of  New  Hanover,  to  conduct  the  President 
to  the  chair.  With  this  announcement  my  duties  in  this  body 
cease." 


CONVENTION"  OF  1875.  23 

Associate  Justice  Settle  then  vacated  the  chair,  and  it  was 
assumed  by  the  President. 

On  taking  the  chair  the  President  said  : 

"Gentlemen  of  the  Convention:  I  regret  the  lack  of 
language  to  express  my  gratitude  for  the  honor  which  yon  have 
seen  fit  to  bestow  upon  me.  I  did  not  desire  this  position  ;  I 
deprecated  it.  I  doubted  my  ability  to  properly  discharge  its 
duties.  I  understand  the  object  of  this  Convention  to  be  to 
consider  and  adopt  such  amendments  to  the  Constitution  as 
the  delegates  may  deem  best  for  the  welfare  of  the  State ;  and 
as  the  presiding  officer  of  this  body,  my  earnest  aim  shall  be 
to  discharge  my  duties  with  such  impartiality  and  fairness  as 
may  be  acceptable  to  my  fellow-members,  and  prove  beneficial 
to  the  interests  of  our  commonwealth. 

I  now  declare  this  Convention  duly  organized,  and  ready  for 
the  transaction  of  business." 

On  motion  of  Mr.  Manning,  of  New  Hanover,  the  Conven- 
tion adjourned  until  to-morrow  at  10  A.  M. 


THIED   DAY. 

Wednesday,  September  8th,  1875. 

Pursuant  to  adjournment,  the  Convention  assembled  at  ten 
o'clock  A.  M.,  the  President  in  the  chair. 

On  motion,  the  Convention  proceeded  to  complete  in  or- 
ganization. 

For  Principal  Secretary,  Mr.  Shober  nominated  Johnstone 
Jones,  of  Wake  county. 

Mr.  Albertson  nominated  William  R.  liichardson,  of  Wake. 

The  vote  resulted  as  follows : 

For  Mr.  Jones — Mr.  President,  Messrs.  Allison,  Allmanr 


U  JOURNAL  OF  THE 

Anderson  of  Clay,  Anderson  of  Madison,  Avery,  Bennett, 
Bingham,  Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper, 
Cowell,  Cunningham,  Dobson,  Durham,  Everett,  Faison, 
Farrior,  George,  Green,  Harrington,  Haesel,  Henderson, 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Man- 
ning of  Chatham,  Marshall,  McCorkle,  McEachin,  Morehead,. 
Motz,  Neal,  Nicholson,  Price,  Redwine,  Reid,  Bobbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts,  Wil- 
cox, Wilson  and  Withers — 61. 

For  Mr.  Richardson — Messrs.  Albertson,  Badger,  Bar- 
ringer,  Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker, 
Bowman,  Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlain, 
Crosby,  Davis,  Dixon,  Dockery,  Dula,  Faircloth,  French 
Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge,  Hofhnan, 
Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr, 
King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Mannix,  Manning 
of  New  Hanover,  Massey,  McCabe,  McCanless,  McDonald, 
Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Tay- 
lor, Thorne,  Tourgee,  Wheeler,  Woodfin  and  Young — 58. 

Thereupon,  Mr.  Jones  was  declared  duly  elected  Principal 
Secretary  of  the  Convention. 

On  motion,  the  Convention  proceeded  to  the  election  of  an 
Assistant  Secretary. 

Mr.  Wheeler  nominated  John  Shultz,  of  Forsythe. 

Mr.  Bingham  nominated  W.  M.  Hardy,  of  Buncombe. 

The  vote  resulted  as  follows  : 

For  Mr.  Hardy — Mr.  President,  Messrs.  Allison,  Allman, 
Anderson  of  Clay,  Anderson  of  Madison,  Avery,  Bennett, 
Bingham,  Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper, 
Cowell,  Cunningham,  Dobson,  Durham,  Everett,  Faison,  Far- 
rior, George,  Green,  Harrington,  Hassel,  Henderson,  Jarvis, 
Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of 
-Chatham,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Price,  Redwine,  Reid,  Robbins,   Roberts  of 


CONVENTION  OF  1875.  25 

Davidsou,  Roberts  of  Gates,  Burnley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd, 
Summers,  Turner,  Yaughan,  Watts,  Wilson  and  Withers— 60. 

For  Mr.  Shultz — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker.  Bow- 
man, Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlain, 
Crosby,  Davis,  Dixon,  Dockery,  Dula,  Faircloth,  French, 
Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge,  Hoffn  an, 
Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Ker  » 
King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Mannix,  Manning 
of  New  Hanover,  Massey,  McCabe,  McCanless,  McDonald, 
Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe, 
Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox,  Woodfin  and 
Young — 59. 

Thereupon,  Mr.  Hardy  was  declared  duly  elected  Assistant 
Secretary  of  the  Convention. 

On  motion,  the  Convention  proceeded  to  the  election  of  a 
Principal  Doorkeeper. 

Mr.  Burnley  nominated  John  H.  Hill,  ot  Randolph. 

Mr.  Tourgee  nominated  Peter  Hughes,  of  Alamance. 

The  vote  resulted  as  follows  : 

For  Mr.  Hill — Mr.  President,  Messrs.  Allison,  Allman, 
Anderson  of  Clay,  Anderson  of  Madison,  Avery,  Bennett, 
Bingham,  Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper, 
Cowell,  Cunningham,  Dobson,  Durham,  Everett,  Faison,  Far- 
rior,  George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis, 
Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of 
Chatham,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Price,  Redwine,  Reid,  Bobbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd, 
Summers,  Turner,  Yaughan,  Watts,  Wilson  and  Withers — 60. 

For  Mr.  Hughes — Messrs.  Albertson,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bow- 
man, Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlain, 
Crosby,    Davis,    Dixon,   Dockery,   Dula,    Faircloth,   French, 


26  JOURNAL  OF  THE 

Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman, 
Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr, 
King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Mannix,  Manning 
of  New  Hanover,  Massey,  McCabe,  McCanless,  McDonald, 
Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe, 
Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox,  Woodfin  and 
Young — 59. 

Thereupon  Mr.  Hill  was  declared  duly  elected  Principal 
Doorkeeper  of  the  Convention. 

On  motion,  the  Convention  then  proceeded  to  the  election 
of  an  Assistant  Doorkeeper. 

Mr.  Coleman   nominated   James  P.   Norton,  of  McDowell. 

Mr.  Badger  nominated  James  II.  Jones,  of  Wake. 

The  vote  resulted  as  follows  : 

For  Mr.  Norton — Mr.  President,  Messrs.  Allison,  Allman, 
Anderson  ot  Clay,  Anderson  of  Madison,  Avery,  Bennett, 
Bingham,  Blocker,  Bunn,  ByrJ,  Carter,  Clingman,  Coleman, 
Cooper,  Cowell,  Cunningham,  Dobson,  Durham,  Everett, 
Faisan,  Farrior,  George,  Green,  Harrington,  Hansel,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love, 
Manning  of  Chatham,  Marshall,  McCorkle,  McKachin,  More- 
head,  Motz,  Neal,  Nicholson,  Price,  Redwine,  Reid,  Bobbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts,  Wilcox, 
Wilson  and  Withers — 62. 

For  James  H.  Jones — Messrs.  Albertson,  Badger,  Bar- 
ringer,  Barrow,  Bateman,  Bean,  Bell,  Black,  Bhven,  Bullock, 
Buxton,  Bryan,  Gary,  Crosby,  Davis,  Dixon,  Dockery,  Fair- 
cloth,  French,  Goodwin,  Grantham,  Hampton,  Hodge,  Lloff- 
men,  Jordan,  Justice,  King  of  Lenoir,  Lehman,  Lowe,  Mabson, 
Mannix,  Manning  of  New  Hanover,  McCabe,  McCanless, 
McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones, 
Smythe,  Taylor,  Thorne,  Tourgee,  AVheeler,  Woodfin  and 
Young — 47. 


CONVENTION  OF  1875.  27 

For  Peter  Hughes — Messrs.  Boyd,Dula,  Hinnant,  Holton,.. 
Jones  of  Yadkin,  Kerr  and  Massey — 7. 

For  John  Cox,  Mr.  Bowman — 1. 

For  James  M.  Tuttle,  Mr.  Chamberlain — 1. 

Thereupon  Mr.  Norton  was  declared  duly  elected  Assistant 
Doorkeeper. 

Mr.  Tonrgee  moved  that  the  Convention   do  now  adjourn- 
ing die. 

The  motion  was  seconded  by  Mr.  French. 

The  yeas  and  nays  being  demanded,  the  Convention  refused 
to  adjourn. 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bul- 
lock, Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis, 
Dixon,  Dockery,  Dula,  Faircloth,  French,  Goodwin,  Grant- 
ham, Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Hortonr 
Jones,  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir, 
Lehman,  Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover,. 
Massey,  McCabe,  McCanless,  McDonald,  Munden,  No  well, 
O'Hara,  Page,  Scott  of  Jones,  Smythe.  Taylor,  Thorney. 
Tourgee,  Wheeler  and  Young — 57. 

INats — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car- 
ter, Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dob- 
son,  Durham,  Everett,  Faison,  Farrior,  George,  Green,  Har- 
rington, Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell,  King 
of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Marshall,  Mc- 
Corkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Price, 
Redwine,  Reid,  Bobbins,  Roberts  of  Davidson,  Roberts  of" 
Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,. 
Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner,.. 
Vaughan,  Watts,  Wilson  and  Withers — 59. 

Mr.  Badger  presented  the  following  ordinance  : 

Be  it  ordained  by  the  people   of  North    Carolina  in  Con- 
vention assembled,  That  William   W.  Holden    be  relieved  of 


-28  JOURNAL  OF  THE 

the  disqualification  to  hold  office  of  honor,  trust  or  profit,  un- 
der the  State  of  North  Carolina,  imposed  upon  him  by  judg- 
ment of  the  Senate  of  North  Carolina,  sitting  as  a  Court  of 
Impeachment,  on  the  22nd  day  of  March,  1871,  and  that  this 
ordinance  take  effect  upon  its  ratification." 

This  ordinance  was  read,  and  on  motion,  placed  upon  the 
^calendar. 

Mr.  Jarvis  offered  the  following  resolution  : 

"  Resolved,  That  a  committee  of  five  be  appointed  b}'  the 
Chair  to  prepare  rules  for  the  government  of  this  Convention, 
^and  that  the  rules  of  the  last  Senate  be  adopted  until  the  com- 
mittee shall  report,  and  that  report  be  adopted." 

Mr.  Tourgee  moved  to  amend  the  resolution  by  adding: 

"Provided,  There  shall  be  no  call  for  the  previous  ques- 
tion until  after  the  report  of  the  Committee  on  .Rules." 

The  yeas  and  nays  being  demanded,  the  amendment  did 
■not  prevail.     Yeas  54,  nays  61,  as  follows  : 

Yeas — Messrs.  Albertson,  Barringer,  Barrow,  Bateman, 
Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Bullock,  Bnxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery, 
Dula,  Faircloth,  French,  Goodwin,  Grantham,  Hampton, 
Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin, 
-Jordan,  Justice,  Kerr,  Lehman,  Lowe,  Mabson,  Mannix,  Man- 
ning of  New  Hanover,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Munden,  O'Hara,  Page,  Scott  of  Jones,  Smythe, 
Taylor,  Thorne,  Tourgee,  Wheeler,  Woodfin  and  Young — 54. 

Nats — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car- 
ter, Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dob- 
son,  Durham,  Fverett,  Faison,  Farrior,  George,  Green,  Har- 
rington, Hassell,  Henderson,  Jarvis,  Jones  «f  Caldwell,  King 


CONVENTION  OF  1875,  29- 

of  Lenoir,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,. 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
son,  Nowell,  Price,  Redwine,  Reid,  Robbins,  Roberts  of' 
Davidson,  Roberts  of  Gates,  Ruraley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd, 
Summers,  Turner,  Vanghan,  Watts,  Wilson  and  Withers — 6L 

Mr.  French  moved  to  amend  by  adding  the  following: 

"  That  said  committee  be  instructed  to  report  to-morrow  at 
12  M.,  and  their  report  be  made  a  special  order  at  that  time."' 

The  amendment  prevailed,  and  the  resoHnion  as  amended 
was  adopted. 

Mr.  Buxton  introduced  the  following  resolution  : 

"  Whereas,  it  appears  from  the  certified  copies  of  the  returns- 
of  the  judges  ©f  election  in  the  county  of  Robeson,  now  or* 
file,  that  a  majority  of  the  legal  votes  in  said  county  for  dele- 
gates to  this  Constitutional  Convention  were  cast  for  R.  ML 
Norment  and  Neil  McNeil;  therefore, 

Resolved,  That  said  R.  M.  Norment  and  Neil  McNeil  are- 
hereby  declared  to  be  the  legally  elected  delegates  from  Rob- 
eson  county  to  this  Convention,  and  that  on  taking  and  sub- 
scribing to  the  oath  required  by  the  act  of  Assembly  calling 
this  Convention,  that  they  be  admitted  as  such  delegates,  and 
that  the  seats  of  Duncan  Sinclair  and  C.  A.  McEachin  in  this- 
Convention  be  and  they  are  hereby  declared  vacated." 

The  resolution  was  read  and  laid  over  under  the  rules. 
Mr.  Clingman  introduced  the  following  resolution  : 

Resolved,  That  the  hour  of  the  daily  meeting  of  this  Con- 
vention be  10  A.  M.,  until  otherwise  ordered. 

The  resolution  was  adopted. 

Mr.  Badger  moved  that  the  principal  doorkeeper  he  required 
to  employ  three  pages  to  wait  upon  the  Convention,  at  a  price- 
to  be  hereafter  fixed  by  the  Convention. 

The  motion  prevailed. 


-30  JOURNAL  OF  THE 

In  obedience  to  the  resolution  of  the  Convention,  the  Chair 
designated  the  following  gentlemen  as  the  Committee  on 
Rules  :  Messrs.  Manning  of  Chatham,  Jarvis,  Dockery,  Tour- 
gee  and  Shober. 

Mr.  Turner  arose  in  his  seat  and  announced  the  decease  of 
the  la  e  Hon.  "William  A.  Graham,  member  elect  to  this  Coi> 
vention  from  the  county  of  Orange,  and  submitted  the  follow- 
ing resolutions : 

Resolved,  That  this  Convention  has  heard  with  deep  sensi- 
bility the  announcement  of  the  death  of  Hon.  William  Alex- 
ander Graham,  a  delegate  from  the  county  of  Orange,  and  w7e 
•deplore  his  death  as  a  heavy  and  irreparable  public  misfor- 
tune;  that  as  a  mark  of  respect,  unanimously  entertained  by 
this  Convention  for  the  memory  of  the  deceased,  and  for  his 
long,  valuable  and  distinguished  services  in  the  public  coun- 
cils of  the  State  and  nation,  that  the  members  and  officers  of 
this  Convention,  from  a  sincere  desire  of  showing  every  mark 
■of  respect  for  the  memory  of  the  deceased,  do  go  into  mourn- 
ing for  him  for  one  month. 

Resolved,  That  the  President  of  this  Convention  be  re- 
quested to  communicate  these  proceedings  to  the  widow  and 
family  of  the  deceased,  tendering  to  them  the  sympathy  of 
this  Convention  in  their  sore  bereavement. 

Resolved,  That  as  an  additional  mark  of  respect  to  the 
memory  of  the  deceased,  the  Convention  do  now  adjourn. 

Mr.  Dockery  moved  that  the  further  consideration  of  these 
resolutions  be  postponed  until  to-morrow  at  1  P.  M.,  and  be 
made  the  special  order  for  that  hour,  in  order  that  the  mem- 
bers of  this  Convention  may  be  allowed  an  opportunity  of 
paying  their  tribute  of  respect  to  the  memory  of  the  deceased. 
The  motion  prevailed. 

On  motion,  the  Convention  adjourned  until  10  A.  M.,  to- 
morrow. 


CONVENTION  OF  1875.  31 

FOURTH  DAY. 

Thuksday,  September  9th,  1875. 

The  Convention  assembled  at  10  A.  M.J  Mr.  Jarvis  in  the 
chair. 

The  Journal  of  yesterday  was  read  and  approved. 

Mr.  Manning,  of  Chatham,  moved  that  the  resolution  in 
relation  to  the  delegates  from  Robeson  county,  be  referred  to 
the  Committee  on  Privileges  and  Elections.  The  motion  pre- 
vailed. 

Mr.  Manning,  of  Chatham,  from  the  Committee  on  Rules, 
presented  the  following : 

RULES  OF  ORDER. 

I.  It  shall  be  the  duty  of  the  President  of  the  Convention 
to  invite  the  pastors  of  the  several  churches  of  this  city  and 
other  preachers  of  the  gospel  to  perform  the  service  of  prayer 
at  the  opening  of  the  daily  sessions  of  the  Convention,  which 
shall  be  at  10  A.  M,.  unless  otherwise  ordered. 

II.  The  President  having  taken  the  chair  at  the  hour  to 
which  the  Convention  shall  have  adjourned,  and  a  quorum 
being  present,  the  Journal  of  the  preceding  day  shall  be  read, 
to  the  end  that  any  mistakes  therein  may  be  corrected. 

III.  After  reading  and  appproval  of  the  Journal,  the  order 
of  business  shall  be  as  follows  : 

1.  The  Presentation  of  Petitions. 

2.  Reports  of  Standing  Committees. 

3.  Reports  of  Select  Committees. 

4.  Introduction  of  Ordinances  and  Resolutions  requiring 
three  readings. 

5.  Unfinished  Business  of  preceding  day. 

6.  Special  Orders. 

7.  General  Orders  :     First,  Ordinances  and  Resolutions  on 


32  JOURNAL  OF  THE 

third  reading  ;  second,  Ordinances  and  Resolutions  on  second 
reading. 

Reports  from  the  Committee  on  Revision  may  be  received 
and  acted  on  under  any  order  of  business.  And  all  ordinances 
and  resolutions  shall  be  numbered  in  the  order  in  which  they 
are  received,  and  acted  upon  in  like  order  unless  otherwise 
directed  by  the  Convention. 

IY.  The  President  shall  appoint  all  committees,  unless 
otherwise  ordered  by  the  Convention. 

Y.  He  shall  have  the  right  to  name  any  member  to  perform 
the  duties  of  the  Chair,  who  is  hereby  vested  during  such  time 
with  all  the  powers  of  the  President,  but  his  power  as  such 
substitute  shall  not  continue  for  a  longer  period  than  two  days 
without  leave  of  the  Convention. 

YI.  He  shall  rise  to  put  a  question,  but  may  state  it  sitting. 
Upon  a  call  for  a  division  the  President  shall  count,  and  shall 
appoint  tellers  if  required  by  one-fifth  of  a  quorum  of  the 
delegates. 

YII.  He  shall  assign  to  the  Sergeant-at-Arms  and  Door- 
keepers their  respective  duties  and  stations. 

THE   EIGHTS   AND   DUTIES    OF   DELEGATES. 

YIII.  Every  delegate  presenting  a  paper  shall  indorse  the 
same  as  a  petition,  memorial  or  report  to  the  Convention,  with 
a  brief  statement  of  its  subject  or  contents,  adding  his  name; 
if  a  resolution,  with  his  name ;  if  a  report  of  a  committee,  a 
statement  of  such  a  report,  with  the  name  of  the  committee 
and  member  making  the  same ;  if  an  ordinance,  a  statement  of 
its  title,  with  his  name. 

IX.  All  motions  shall  be  reduced  to  writing  if  desired  by 
the  President  or  any  delegate,  delivered  in  at  the  table,  and 
read  by  the  President  or  Secretary,  before  the  same  shall  be 
debated  ;  but  any  such  motion  may  be  withdrawn  at  any  time 
before  decision  pr  amendment. 

X.  If  any  question  contains  several  distinct  propositions,  it 


CONVENTION  OF  1875  S3 

shall  be  divided  by  the  President,  at  the  request  of  any  dele- 
gate: Provided,  Each  sub-division,  if  left  to  itself,  shall  form 
a  substantative  proposition. 

XI.  No  delegate  shall  speak  to  another,  or  otherwise  inter- 
rupt the  business  of  the  Convention,  or  read  any  newspaper 
while  the  Journals  or  public  papers  are  being  read  :  when  the 
President  is  putting  a  question  or  a  division  by  counting  shall 
be  had,  no  delegate  shall  walk  out  or  across  the  house,  nor 
when  a  delegate  is  speaking  pass  between  him  and  the  Presi- 
dent. 

XTI.  Every  delegate  wishing  to  speak  or  to  debate,  or  to 
present  a  petition  or  other  paper,  or  to  make  a  motion  or  re- 
port, shall  rise  from  his  seat  and  address  the  President,  and 
shall  not  proceed  further  until  recognized  by  him.  No  dele- 
gate shall  speak  more  than  twice  on  the  same  day  on  the  same 
subject  without  leave  of  the  Convention  ;  and  when  two  or 
more  delegates  rise  at  once,  the  President  shall  name  the  dele- 
gate who  is  first  to  speak. 

XIII.  Every  delegate  who  shall  be  within  the  Hall  of  the 
House  when  a  question  is  stated  by  the  Chair,  shall  vote 
thereon,  unless  he  shall  be  excused  by  the  Convention,  or  un- 
less he  be  directly  interested  in  the  question. 

XIY.  When  a  motion  to  adjourn,  or  for  a  recess,  shall  be 
affirmatively  determined,  no  member  or  officer  shall  leave  his 
place  till  the  adjournment  or  recess  shall  be  declared  by  the 
President. 

STANDING    COMMITTEES. 

XY.  Standing  Committees  6hall  be  composed  of  nine  dele- 
gates each  except  the  Committee  on  Revision,  which  shall  be 
composed  of  fourteen,  and  shall  be  as  follows  : 

1.  Privileges  and  Elections. 

2.  On  a  Preamble  and  Bill  of  Rights. 

3.  On  the  Legislative  Department,  its  organization,  &c 

4.  Executive  Department. 

3 


34  JOURNAL  OF  THE 

5.  Judicial  Department. 

6.  Revenue  and  Taxation  and  Public  Debt. 

7.  Suffrage  and  Eligibility  to  Office. 

8.  Municipal  Corporations. 

9.  Corporations  other  than  Municipal. 

10.  Education. 

11.  Punishments,  Penal  Institutions  and  Public  Charities. 

12.  Militia. 

13.  Amendment. 

14.  On  Miscellaneous  Subjects. 

15.  Committee  on  Revision — to  consist  of  fourteen. 

OF   GENERAL   ORDERS   AND    SPECIAL    ORDERS. 

XYI.  The  matters  not  referred  to  any  committee  shall  be 
placed  on  the  list  of  General  Orders,  and  the  business  of  the 
General  Orders  shall  be  taken  up  as  follows,  viz :  The  Secre- 
tary shall  announce  the  title  of  each  ordinance,  with  the 
printed  number,  or  other  matter  as  it  shall  be  reached  in  its 
order,  when  it  may  be  taken  up  on  the  motion  of  any  delegate 
without  the  putting  of  any  question  therefor ;  but  if  not  so 
moved,  it  shall  lose  its  preference  for  the  day. 

XVII.  Any   ordinance   or  other   matter   may  be  made  a 
Special  Order  for  a  particular  day  or  hour  by  a  vote  of  a  ma- 
jority of  the  delegates  voting,  and  if  it  shall  not  be  completed 

on  that  day,  it  shall  be  returned  to  its  place  in  the  General 
Orders,  unless  it  shall  be  made  a  Special  Order  for  another 
•day  ;  and  when  a  Special  Order  is  under  consideration,  it  shall 
take  precedence  of  any  Special  Order  for  a  subsequent  hour  of 
the  same  day ;  but  such  subsequent  Order  may  be  taken  up 
immediately  after  the  previous  Special  Order  has  been  dis- 
posed of. 

OF   ORDINANCES. 

XVIII.  Every  ordinance  shall  be  introduced  by  motion  for 
-leave  or  on  the  report  of  a  committee. 


CONVENTION  OF  1875.  35 

XIX.  "When  an  ordinance  shall  be  reported  by  a  commit- 
tee, and  not  otherwise  disposed  of,  the  question  shall  be, 
"  Shall  the  report  be  received?"  and  when  the  report  of  such 
committee  shall  be  received  and  the  ordinance  not  otherwise 
disposed  of,  it  shall  be  placed  upon  the  calendar. 

XX.  Every  ordinance  shall  receive  three  readings  previous 
to  its  being  passed,  and  the  President  shall  give  notice  at  each 
whether  it  be  the  first,  second  or  third.  After  the  first  read- 
ing it  sholl  be  the  duty  of  the  President  to  refer  the  subject 
matter  to  an  appropriate  committee.  No  ordinance  shall  be 
amended  until  it  shall  have  been  twice  read. 

PROCEEDINGS  WHEN  THERE    16   NOT   A   QUORUM  VOTING. 

XXI.  If,  on  taking  the  final  question  on  an  ordinance  or 
resolution,  it  shall  appear  that  a  constitutional  quorum  is  not 
present,  there  shall  be  a  call  of  the  Convention,  and  if  a  quorum 
is  ascertained  to  be  present,  the  ordinance  or  resolution  shall 
be  again  read  and  the  final  question  taken  thereon  ;  and  if  the 
ordinance  or  resolution  fail  a  second  time  for  the  want  of  a 
quorum  or  for  the  want  of  a  necessary  number  being  present 
and  voting,  the  ordinance  or  resolution  shall  not  be  finally 
lost,  but  shall  be  returned  to  the  calendar  in  its  proper  order. 

PRECEDENCE    OF   MOTION. 

XXII.  When  a  question  is  before  the  Convention,  no  mo. 
tions  shall  be  received  except  those  herein  specified ;  which 
motions  shall  have  precedence  as  follows,  viz  : 

1.  For  an  Adjournment. 

2.  For  the  Previous  Question. 

3.  For  a  Recess. 

4.  To  lay  on  the  Table. 

5.  To  Postpone  Indefinitely. 

6.  To  Postpone  to  a  Day  Certain. 

7.  To  Commit  to  a  Standing  Committee. 


36  JOUKNAL  OF  THE 

8.  Te  Commit  to  a  Select  Committee. 

9.  To  amend. 

THB    PREVIOUS    QUESTION. 

XXIII.  The  previous  question  shall  always  be  as  follows: 
""  Shall  the  main  question  be  now  put '?"  and  until  it  is  decided 
shall  preclude  all  debate.  If  this  question  shall  be  decided  in 
the  affirmative,  the  "  main  question  "  shall  be  on  the  passage 
of  the  ordinance,  resolution  or  other  matter  under  considera- 
tion ;  but  when  amendments  are  pending,  the  question  shall 
be  first  taken  upon  such  amendments  in  their  order  without 
further  debate.  If  such  question  be  decided  in  the  negative, 
the  main  question  shall  be  considered  as  remaining  under 
debate. 

OTHER    QUESTIONS    TO   BE     TAKEN   WITHOUT   DEBATE. 

XXIV.  The  motions  to  adjourn  and  lay  on  the  table  shal) 
be  decided  without  debate,  and  the  motion  to  adjourn  shall 
always  be  in  order  when  made  by  a  delegate  entitled  to  the  floor. 

XX Y.  The  respective  motions  to  postpone  to  a  day  certain, 
or  commit,  shall  preclude  debate  on  the  main  question. 

XXVI.  All  questions  relating  to  the  priority  of  business 
shall  be  decided  without  debate. 

XXVII.  When  the  reading  of  a  paper  is  called  for,  except 
petitions,  and  the  same  is  objected  to  by  any  delegate,  it  shall 
be  determined  by  a  vote  of  the    Convention,  without  debate. 

XXVIII.  Any  delegate  requesting  to  be  excused  from 
voting  may  make,  either  immediately  before  or  after  the  vote 
shall  have  been  called,  and  before  the  result  shall  have  been 
announced,  a  brief  statement  of  the  reasons  for  making  such 
request,  and  the  question  shall  then  be  taken  without  debate. 

DECORUM   IN    DEBATE. 

XXIX.  No  remark  reflecting  personally  upon  the  action  of 


CONVENTION  OF  1875.  37 

any  delegate  shall  be  in  order  in  debate,  unless  preceded  by  a 
motion  or  resolution  of  investigation  or  censure. 

XXX.  When  a  delegate  shall  be  called  to  order,  he  shall 
take  his  seat  until  the  President  shall  have  determined  whether 
he  was  in  order  or  not ;  if  decided  to  be  out  of  order,  he  shall 
not  proceed  without  the  permission  of  the  Convention,  and 
every  question  of  order  shall  be  decided  by  the  President, 
subject  to  an  appeal  to  the  Convention  by  any  delegate,  and  if 
a  delegate  be  called  to  order  for  words  spoken,  the  exceptional 
words  shall  be  immediately  taken  down  in  writing,  that  the 
President  or  Convention  maybe  better  enabled  to  judge  of 
the  matter. 

MISCELLANEOUS    RULES. 

XXXI.  When  a  blank  is  to  be  filled,  and  different  sums  or 
times  shall  be  proposed,  the  question  shall  be  first  taken  on 
the  highest  sum  or  the  longest  time. 

XXXII.  When  a  question  has  been  once  put  and  decided, 
it  shall  be  in  order  for  any  delegate  who  shall  have  voted  in 
the  majority,  to  move  a  reconsideration  thereof;  but  no  motion 
for  reconsideration  shall  be  in  order  unless  on  the  same  day, 
or  the  next  following  legislative  day  on  which  the  vote  pro- 
posed to  be  reconsidered  shall  have  taken  place.  Nor  shall 
any  question  be  reconsidered  more  than  once. 

XXXIII.  No  smoking  shall  be  allowed  within  the  hall 
during  the  sessions. 

XXXIY.  Delegates  and  visitors  shall  uncover  their  heads 
upon  entering  the  hall  while  the  Convention  is  in  session,  and 
.shall  continue  uncovered  during  their  continuance  in  the  hall. 

XXXY.  No  delegate  or  officer  of  the  Convention  shall  de- 
part the  service  of  the  Convention  without  leave,  or  receive  pay 
as  a  delegate  or  officer  for  the  time  he  is  so  absent  without  leave. 

XXXVI.  No  person  other  than  the  Executive  and  Judicial 
officers  of  the  State,  members  and  officers  of  the  Senate  and 
House  of  Representatives,  unless  on  invitation  of  the  Presi- 


m  JOURNAL  OF  THE 

dent,  ©r  by  a  vote  of  the  Convention  shall  be  admitted  within 
the  bar. 

XXXYII.  No  rule  of  the  Convention  shall  be  altered,  sus- 
pended or  rescinded  without  a  vote  of  a  majority  of  all  the 
delegates  elected ;  and  no  motion  to  suspend  shall  embrace 
more  than  one  rule,  or  relate  to  any  other  subject  than  the  one 
specified  in  said  motion. 

XXXYIII.  In  case  a  less  number  than  a  quorum  of  the 
Convention  shall  convene,  they  are  hereby  authorized  to  send 
the  Sergeant  at- Arms  or  any  other  person  for  any  or  all  absent 
delegates,  as  the  majority  of  the  delegates  present  shall  deter- 
mine. 

XXXIX.  The  yeas  and  nays  upon  any  question  shall  be 
taken  and  entered  upon  the  Journal  upon  demand  of  one-filth 
of  the  delegates  present. 

XL.  No  motion  or  resolution  to  adjourn  sine  die  shall  be  in 
order  until  after  12  o'clock  M.,  on  a  day  succeeding  the  day  on 
which  it  was  introduced,  and  but  one  of  this  nature  on  the 
same  day.  A  vote  upon  such  motion  or  resolution  may  be 
demanded  by  any  delegate. 

The  report  was  placed  upon  the  calendar. 

On  motion,  leave  of  absence  was  granted  Mr.  French  until 
next  Monday. 

Mr.  Durham  offered  a  resolution  requiring  the  Librarian  to 
turn  the  keys  of  the  House  and  Senate  Libraries  over  to  the 
Doorkeeper  of  the  Convention  during  the  session. 

The  resolution  was  read  and  adopted. 

Mr.  Price  offered  the  following : 

"  Resolved,  That  the  Committee  oa  Privileges  and  Elections 
be  instructed  to  inquire  whether  P.  C.  Badger,  one  of  the 
delegates  from  Wake,  I.  J.  Young,  one  of  the  delegates  from 
Granville,  J.  S.  Mannix  and  P.  F.  Lehman,  the  delegates 
from  Craven,  and  J.  Q.  A.  Bryan,  one  of  the  delegates  from 
"Wilkes,  are  United   States  officers ;  and  whether,  if  such  b© 


CONVENTION  OF  1875.  39« 

the  case,  their  seats  in  this  Convention  should  not  be  declared 
yaeant." 

The  resolution  was  read  and  referred  to  the  Committee  on 
Privileges  and  Elections. 

Mr.  Rumley  moved  that  a  committee  of  five  be  appointed 
to  wait  on  the  Governor  and  inform  him  that  the  Convention 
was  organized,  and  ready  to  receive  any  communication  he 
might  be  pleased  to  make. 

The  motion  prevailed,  and  the  Chair  appointed  Messrs- 
Rumley,  Reid,  Barringer,  Lehman  and  Bateman. 

On  motion  of  Mr.  Manning,  of  Chatham,  the  rules  were 
suspended,  and  the  report  of  the  Committee  on  Rules  was- 
read  and  adopted. 

On  motion  of  Durham,  the  Committee  on  Rules  were  or^ 
dered  to  have  printed  150  copies  of  the  Rules  of  Order  for  the 
use  of  the  Convention. 

On  motion  of  Mr.  Albertson,  the  Committee  on  Rules  were 
instructed  to  have  150  copies  of  the  act  of  the  General  Assem- 
bly of  1874-75,  by  authority  of  which  this  Convention  had 
assembled,  printed  and  bound  in  the  same  book  with  the 
Rules  of  Order. 

Mr.  Avery  ofiered  a  resolution  of  instruction  to  the  Libra- 
rian, requiring  him  to  furnish  to  every  delegate  a  copy  of  Bat- 
tle's Revisal,  for  use  during  the  session. 

The  resolution  was  read  and  adopted. 

On  motion  of  Mr.  Durham,  Peter  Hughes,  of  Alamance, 
was  by  acclamation  declared  second  Assistant  Doorkeeper  o£ 
the  Convention. 

Mr.  Young  offered  the  following  : 

"  Resolved,  That  the  Committee  on  Privileges  and  Elec- 
tions be  instructed  to  inquire  whether  James  Rumley,  dele- 
gate from  Carteret,  is  not  Superior  Court  Clerk  of  that  county  j: 
and  whether  E.  L.  Yaughan,  delegate  from  Alleghany  county, 
is  not  sheriff  of  that  county  ;  and  whether   Joseph  Dobson^ 


40  JOURNAL  OF  THE 

delegate  from  Surry  county,  is  not  Solicitor  for  the  8th  Judicial 
Circuit  of  this  State ;  and  whether  E.  Everett,  delegate  from 
Swain,  is  not  sheriff  of  Swain  county ;  and  whether  Josiah 
Turner,  delegate  from  Orange,  is  not  Public  or  State  Printer, 
and  also  a  trustee  of  the  University  of  North  Carolina  ;  and 
should  they  find  that  the  above  named  delegates  hold  said 
offices,  becoming  thereby  State  officers,  whether  they  are  eli- 
gible as  members  of  this  body." 

The  resolution  was  read  and  referred  to  the  Committee  on 
Privileges  and  Elections. 

Mr.  Barrow  moved  that  the  resolutions  on  the  late  Hon. 
William  Alexander  Graham,  which  were  introduced  yesterday 
by  the  delegate  from  Orange,  and  made  the  special  order  for 
to-day  at  1  P.  M.,  be  taken  from  the  calendar  and  placed  on 
their  adoption. 

The  motion  prevailed. 

The  resolutions  were  read. 

After  the  delivery  of  eulogies  upon  the  character  and  life  of 
the  deceased  by  Messrs.  Dockery,  Clingman,  O'Hara,  Smythe, 
Buxton,  Tourgee,  Crosby,  Thorne  and  Bobbins,  on  motion  of 
Mr.  Tourgee,  the  resolutions  were  unanimously  adopted  by  a 
silent  and  rising  vote. 

Thereupon,  in  obedience  to  the  resolutions,  and  as  a  tribute 
of  respect  to  the  memory  of  the  deceased,  the  Convention  ad- 
journed until  10  A.  M.  to-morrow. 


FIFTH  DAT. 

Friday,  September  10,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  Chair. 


CONVENTION  OF  1875.  41 

Mr.  Rumley,  from  the  committee  appointed  to  wait  upon 
His  Excellency,  the  Governor  of  the  State,  reported  that  the 
committee  had  discharged  its  duty  ;  and  presented  a  commu- 
nication from  His  Excellency,  which  was  read  to  the  Conven- 
tion. 

Mr.  Badger  asked  and  obtained  leave  of  absence  for  Mr. 
Barringer  until  Monday. 

The  President  announced  the  following  Standing  Commit- 
tees: 

On  the  Judicial  Department — Messrs.  Bennett,  Shepherd, 
Albertson,  Coleman,  Barringer,  Manning,  Lehman,  Green  and 
Faircloth. 

On  Revenue,  Taxation  and  the  Public  Debt — Messrs.  Dur- 
ham, Stallings,  Hoffman,  Cowell,  Dixon,  Dobson,  Dula, 
Cooper  and'Page. 

On  Suffrage  and  Eligibility  U  Office — Messrs.  Shober, 
Jarvis,  Bateman,  Allison,  Holton,  Strowd,  Woodfin,  Roberts, 
of  Davidson,  and  Cary. 

On  Municipal  Corporations — Messrs.  Shepherd,  Hampton, 
Henderson,  Hinnant,  McEachin,  Jones,  of  Yadkin,  Farrior, 
Black  and  McCorkle. 

On  Corporations  other  than  Municipal — Messrs.  Jones,  of 
Caldwell,  Faison,  Mabson,  Durham,  Mannix,  Marshall,  Bryan, 
Byrd  and  Dockery. 

On  Education — Messrs.  Morehead,  Badger,  Anderson,  of 
Madison,  Buxton,  King,  of  Pitt,  Rumley,  Boyd,  Scott,  of 
Onslow,  and  Wheeler. 

On  Punishments,  Penal  Institutions  and  Public  Charities 
— Messrs.  Coleman,  Anderson,  of  Clay,  Bell,  Sinclair,  Hor- 
ton,  Spake,  Grantham,  Hodge  and  Bingham. 

On  Militia — Messrs.  Barringer,  Redwine,  Neal,  Nowell, 
Wilson,  Bullock,  Everett,  Davis  and  Harrington. 

On  Amendments — Messrs.  Manning,  of  New  Hanover, 
Clingman,  Watts,  Thorne,  Love,  Lowe,  Goodwin,  Smytheand 
Tourgee. 

On  Miscellaneous  Provisions — Messrs.  Albertson,  Crosby, 


42  JOURNAL  OF  THE 

Young,  Green,  Singeltary,  Scott,  of  Jones,  O'Hara,  Summers 
and  McDonald. 

On,  Revision — Messrs.  Reid,  Clingman,  Manning,  of  Chat- 
ham, Bennett,  Turner,  Durham,  Morehead,  Shober,  McCorkle, 
Dockery,  Coleman,  Barringer,  Tourgee  and  Albertson. 

On  Contingent  Expenses — Messrs.  Morehead,  Lehman  and 
Price.  t 

On  Enrolled  Bills — Messrs.  Roberts,  of  Gates,  McCabe, 
Rumley,  Scott,  of  Onslow,  Singeltary,  Spake,  Cunningham, 
Wheeler  and  Dula. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  referred  to  the  Committee 
on  the  Judicial  Department : 

By  Mr.  Price:  An  ©rdinance  to  amend  section  8  of  the  4th 
article  of  the  Constitution,  reducing  the  number  of  Supreme 
Court  Justices  to  three  ; 

An  ordinance  to  amend  article  4  of  the  Constitution ; 

An  ordinance  to  amend  section  14,  article  4,  of  the  Consti- 
tution, providing  for  a  system  of  rotation  for  the  Superior 
Court  Judges. 

By  Mr.  George  :  An  ordinance  to  amend  article  4  of  the 
Constitution. 

By  Mr.  Jarvis  :  An  ordinance  to  amend  section  14,  of  ar- 
ticle 4,  of  the  Constitution. 

By  Mr.  Summers  :  An  ordinance  to  amend  article  4,  section 
12,  of  the  Constitution  of  North  Carolina. 

By  Mr.  Spake  :  An  ordinance  concerning  the  number  of 
Supreme  Court  Judges. 

By  Mr.  Allman  :  An  ordinance  in  relation  to  Judges  and 
jurisdiction  of  Courts  in  eertain  cases. 

By  Mr.  Avery  :  An  ordinance  to  amend  article  4  of  the 
Constitution  of  North  Carolina. 

By  Mr.  Shepherd  :  An  ordinance  providing  for  the  election 
of  Judges  of  the  General  Assembly. 

By  Mr.  Robbina  :  An  ordinance  to  amend  section  12  of  the 


CONVENTION  OF  1875.  43 

4th  article,  reducing  the  number  of  Superior  Court  Judges  to 
eight. 

By  Mr.  Turner  :  An  ordinance  respecting  the  Supreme  and 
Superior  Courts. 

By  Mr.  Nicholson  :  An  ordinance  to  amend  article  4,  sec- 
tion 8,  of  the  Constitution. 

By  Mr.  Cooper :  An  ordinance  amending  certain  sections 
of  article  4  of  the  Constitution. 

By  Mr.  Henderson  :  An  ordinance  concerning  the  election 
of  Judges; 

An  ordinance  concerning  the  number  of  Judges. 

And  the  following  ordinances  and  resolutions  were  intro- 
duced, read  and  passed  the  first  time,  and  referred  or  other- 
wise disposed  of,  as  follows  : 

By  Mr.  Robbins :  An  ordinance  to  amend  section  1,  of  the 
7th  article  of  the  Constitution,  reducing  the  number  of  county 
commissioners  to  three.  To  the  Committee  on  Municipal 
Corporations. 

By  Mr.  Avery  :  An  ordinance  to  amend  section  10,  article 
11  of  the  Constitution.  To  the  Committee  on  Punishments, 
Penal  Institutions  and  Public  Charities. 

By  Mr.  Stallings  :  An  ordinance  to  amend  article  11,  section 
1,  of  the  Constitution.  To  the  Committee  on  Punishments^ 
Penal  Institutions  and  Public  Charities. 

By  Mr.  Singeltary  :  An  ordinance  to  amend  article  11,  sec- 
tion 1,  of  the  Constitution,  with  regard  to  punishments  for 
crime.  To  the  Committee  on  Punishments,  Penal  Institutions 
and  Public  Charities. 

By  Mr.  Henderson  :  An  ordinance  concerning  pardoning 
power  in  cases  of  impeachment.  To  the  Committee  on  the 
Executive  Department; 

An  ordinance  concerning  terms  of  office  of  certain  officers. 
To  the  Committee  on  the  Executive  Department. 

By  Mr.  Manning,  of  Chatham:  An  ordinance  to  amend 
section  15,  article  2,  of  the  Constitution  of  North  Carolina. 
To  the  Committee  on  the  Executive  Department. 


44  JOURNAL  OF  THE 

An  ordinance  to  amend  section  29.  article  2,  of  the  Consti- 
tution of  North  Carolina.  To  the  Committee  on  the  Execu- 
tive Department. 

An  ordinance  to  alter  section  1,  article  3,  of  the  Constitu- 
tion of  North  Carolina.  To  the  Committee  on  the  Executive 
Department. 

An  ordinance  to  alter  section  2.  article  3,  of  the  Constitu- 
tion of  North  Carolina.  To  the  Committee  on  the  Executive 
Department. 

An  ordinance  to  alter  section  10,  article  3,  of  the  Constitu- 
tion of  North  Carolina.  To  the  Committee  on  the  Executive 
Department. 

By  Mr.  Roberts  :  An  ordinance  relating  to  the  term  of 
office  of  the  Governor.  To  the  Committee  on  the  Executive 
Department. 

An  ordinance  relating  to  the  Governor'6  occupying  the 
Executive  mansion.  To  the  Committee  on  the  Executive  De- 
partment. 

By  Mr.  Manning,  of  Chatham  :  An  ordinance  to  rescind 
section  37,  article  1,  of  the  Constitution  of  North  Carolina. 
To  the  Committee  on  a  Preamble  and    Bill  of  Rights. 

By  Mr.  Henderson  :  An  ordinance  to  amend  article  1,  sec- 
tion 21,  of  the  Constitution.  To  the  Committee  on  a  Pre- 
amble and  Bill  of  Rights. 

By  Mr.  Avery:  An  ordinance  to  amend  section  37,  article 
1,  of  the  Constitution.  To  the  Committee  on  a  Preamble  and 
Bill  of  Rights. 

By  Mr.  Stallings :  An  ordinance  to  amend  article  6,  sec- 
tion 1,  of  the  Constitution  of  North  Carolina.  To  the  Com- 
mittee on  Suffrage  and  Eligibility  to  office. 

By  Mr.  Henderson :  An  ordinance  to  amend  article  6,  sec- 
tion 1,  of  the  Constitution.  To  the  Committee  on  Suffrage 
And  Eligibility  to  office. 

By  Mr.  Singeltary  :  An  ordinance  to  amend  the  Constitu- 
tion so  as  to  require  a  residence  of  six   months  in  a  county  as 


CONVENTION  OF  1875.  45 

a  qualification  for  suffrage.     Td  the  Committee  on  Suffrage 
and  Eligibility  to  office. 

By  Mr.  Shepherd  :  An  ordinance  prohibiting  any  one  who 
has  been  convicted  of  an  infamous  offence  from  holding  office, 
or  acting  as  juror.  To  the  Committee  on  Suffrage  and 
Eligibility  to  office. 

By  Mr.  Page :  A  resolution  concerning  the  Convention 
printing.     To  the  Committee  on  Miscellaneous  Provisions. 

By  Mr.  Henderson  :     An  ordinance  to  correct  an  error  in 
article  8  of  the  Constitution.     To  the  Committee  en  Revision. 
By  Mr.  Durham  :     A  resolution  with  reference  to  the  com- 
promise of  the  public  debt.     To  the  Committee  on  Revenue, 
Taxation  and  the  Public  Debt. 

By  Mr.  Cooper  :  An  ordinance  to  amend  article  7,  section 
1,  of  the  Constitution.     To  the  Committee  on  Education. 

An  ordinance  to  amend  article  7  of  the  Constitution.  To 
the  Committee  on  Education. 

By  Mr.  Henderson  :  An  ordinance  to  amend  article  14, 
section  4,  of  the  Constitution.  To  the  Committee  on  Educa- 
tion. 

By  Mr.  Price :  An  ordinance  to  amend  section  3,  of  the 
9th  article  of  the  Constitution,  providing  for  separate  schools 
for  the  white  and  colored  races.  To  the  Committee  on  Educa- 
tion. 

By  Mr.  Robbins  :  An  ordinance  to  amend  section  3,  of 
the  9th  article  of  the  Constitution,  providing  for  separate 
schools  for  the  white  and  colored  races.  To  the  Committee 
on  Education. 

By  Mr.  Shepherd:  An  ordinance  concerning  civil  rights  and 
social  equality  in  North  Carolina.  To  the  Committee  on  the 
Legislative  Department. 

By  Mr.  Allman  :  An  ordinance  concerning  pay  of  members 
of  the  General  Assembly,  and  concerning  county  government 
and  penitentiary  convicts.  To  the  Committee  on  the  Legis- 
lative Department. 

By  Mr.  Bingham:    An  ordinance  to  regulate  the  per  diem 


46  JOTTKNAL  OF  THE 

and  mileage  of  members  of  the  General  Assembly.  To  the 
Committee  on  the  Legislative  Department. 

By  Mr.  Durham :  A  resolution  upon  the  Legislative  Depart- 
ment.    To  the  Committee  on  the  Legislative  Department. 

By  Mr.  Ilenderson  :  An  ordinance  concerning  the  pay  of 
the  members  of  the  Legislature.  To  the  Committee  on  tha 
Legislative  Department. 

By  Mr.  Vaughan :  An  ordinance  to  abolish  the  Senate  of 
North  Carolina.  To  the  Committee  on  the  Legislative  Depart- 
ment. 

By  Mr.  Bobbins :  An  ordinance  to  amend  section  14,  article 
2,  of  the  Constitution,  abolishing  private  legislation.  To  the 
Committee  on  the  Legislative  Department ; 

An  ordinance  to  amend  article  2  ef  the  Constitution,  fixing 
the  pay  of  members  of  the  General  Assembly.  To  the  Com- 
mittee on  the  Legislative  Department. 

On  motion  of  Mr.  Badger,  the  ordinance  for  the  removal  of 
the  disabilities  of  William  W.  Holden  was  taken  from  the  cal- 
endar and  referred  to  the  Committee  on  the  Judicial  Depart- 
ment. 

Mr.  Tourgee  introduced  a  resolution  instructing  the  Com- 
mittee on  Privileges  and  Elections  to  consider  and  report  on 
the  contest  for  a  seat  as  delegate  from  Surry. 

Mr.  Tourgee  moved  that  the  rules  be  suspended  and  the 
resolution  be  placed  upon  its  adoption. 

The  yeas  and  nays  being  demanded,  the  motion  did  not  pre- 
vail ;  yeas  57,  nays  57,  as  follows : 

Yeas — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery, 
Dula,  Faircloth,  Goodwin,  Grantham,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan, 
Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Man- 
nix,  Manning  of  New  Hanover,  Massey,  McCabe,  McCanless, 
McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones, 


CONTENTION  OF  1575.  47 

Smythe,  Taylor,  Thome,  Tourgee,  Wheeler,  Wilcox,  Woodfin 
and  Young — 57. 

Nats — Messrs.  Allmap,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Price,  Bedwine,  Beid, 
Bobbins,  Boberts^of  Davidson,  Boberts  of  Gates,  Bumley, 
Scott  of  Onslow,"  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts, 
Wilson  and  Withers — 57. 

Mr.  Allison  was'paired  off  with  Mr.  Barringer. 

Mr.  Tourgee  presented  depositions  in  the  matter  of  contest 
as  to  the  right  of  Joseph  Dobson,  Esq.,  to  a  seat  in  the  Con- 
vention. 

On  motion  of  Mr.  Manning,  of  Chatham,  the  papers  were 
referred  to  the  Committee  on  Privileges  and  Elections. 

Mr.  Crosby  [introduced  a  resolution  in  regard  to  the  pur- 
chase of  stationery. 

Mr.  Badger  moved  to  suspend  the  rules  and  place  the  reso- 
lution upon  its]  adoption. 

The  motion  prevailed. 

Mr.  Durham  offered  an  amendment,  in  the  nature  of  a  sub- 
stitute, proposing  to  authorize  the  President  of  the  Conven- 
tion to  draw  on  the  Treasurer  for  such  sums  as  may  be  neces- 
sary in  the  expenditure  for  stationery,  &c,  for  the  Convention, 
and  to  appoint  a  committee  of  three  on  contingent  expenses. 

Mr.  Bennett  proposed  an  amendment  to  the  substitute 
offered  by  Mr.  Durham,  authorizing  the  President  to  make 
requisition  on  the  Secretary  of  State  for  stationery  to  be  de- 
livered to  the  Sergeant -at- Arms. 

The  amendment  prevailed. 

Mr.  Boyd  proposed  to  amend  the  substitute  by  requiring  the 
Sergeantat-Arms  to  have  printed  on  the  head  of  fill  paper,  and 


48  JOURNAL  OF  THE 

on  the  backs  of  all  eavelopes  the  words  "  Constitutional  Con- 
vention of  the  State  of  North  Carolina." 

The  amendment  prevailed.  • 

The  question  recurred  upon  the  adoption  of  the  substitute, 
as  amended,  and  it  was  adopted. 

The  resolution,  as  amended  by  the  substitute,  was  then 
adopted. 

On  motion  of  Mr.  Bennett,  it  was  ordered  that  the  list  of 
standing  committees  be  printed  and  placed  upon  the  commit- 
tee boards  in  lobbies. 

Mr.  Shober  moved  that  the  Convention  proceed  to  the  elec- 
tion of  an  Enrolling  Clerk  and  an  Assistant  Enrolling  Clerk. 

The  motion  prevailed. 

The  Chair  appointed  Messrs.  Tonrgee  and  Price  to  superin- 
tend the  election. 

Mr.  Durham  nominated  Samuel  C.  Herren,  of  Haywood 
county,  to  be  Enrolling  Clerk  of  the  Convention  ;  and  Mr. 
Crosby  nominated   William  R.  Richardson,  of  Wake  county. 

The  vote  was  taken. 

The  following  delegates  voted  for  Mr.  Herren  : 

Mr.  President,  Messrs.  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Boyd,  Bunn,  Byrd, 
Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunningham, 
Dobson,  Durham,  Everett,  Fai6on,  Farrior,  George,  Green, 
Harrington,  Hassel,  Henderson,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Marshall, 
McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner, 
Vaughan,  Watts,  Wilson  and  Withers — 60. 

The  following  delegates  voted  for  Mr.  Richardson  : 

Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean,  Bell, 
Black,  Bliven,  Blocker,  Bowman,  Bullock,  Buxton,  Bryan, 
Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery,  Dula, 
Faircloth,  Goodwin,    Grantham,  Hampton,  Hinnant,  Hodge, 


CONTENTION  OF  1875.  49 

Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice, 
Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Mannix, 
Manning  of  New  Hanover,  Massey,  McCabe,  McCanless, 
McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones, 
Smythe,  Taylor,  Thome,  Tourgee,  Wheeler,  Wilcox,  Woodfin 
and  Young—  56. 

Mr.  Allison  paired  with  Mr.  Barringer. 

Thereupon  Mr.  Herren  was  declared  duly  elected  Enrolling 
Clerk  of  the  Convention. 

Mr.  Reid  then  nominated  Maurice  Q.  Waddell,  of  Chatham, 
to  be  Assistant  Enrolling  Clerk. 

Mr.  S  my  the  nominated  J.  J.  Sawyer,  of  Wake. 

The  following  delegates  voted  for  Mr.  Waddell : 

Mr.  President,  Messrs.  Albertson,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bean,  Bennett,  Bingham, 
Bowman,  Bunn,  Buxton,  Byrd,  Chamberlain,  Clingman,  Cole- 
man, Cooper,  Cowe  1,  Cunningham,  Davis,  Dobson,  Durham, 
Everett,  Faircloth,  Faison,  Farrior,  George,  Green,  Harring* 
ton,  Hassel,  Henderson,  Jarvis,  Jones  of  Caldwell,  Justice, 
King  of  Pitt,  Kirby,  Love,  Lowe,  Mabson,  Manning  of  Chat- 
ham, Marshall,  McCabe,  McCanless,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Price,  Redwine,  Reid, 
Bobbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Taylor, 
Thorne,  Turner,  Vaughan,  Watts,  Wheeler,  Wilcox,  Wilson, 
Withers,  Woodfin  and  Young — 77. 

The  following  delegates  voted  fur  Mr.  Sawyer  : 

Messrs.  Badger,  Barrow,  Bell,  Black,  Bliven,  Bnlloek, 
Bryan,  Cary,  Crosby,  Dixon,  Dockery,  Goodwin,  Grantham, 
Hodge,  Hoffman,  Jordan,  King  of  Lenoir,  Lehman,  Mannix, 
Manning  of  New  Hanover,  Munden,  Nowell,  O'Hara,  Page, 
■Smythe  and  Tourgee — 26. 

Mr.  Allison  paired  with  Mr.  Barringer. 

Messrs.  Hampton,  Holton  and  Horton  voted  for  Mr.  Bailey. 

Messrs.  Boyd,  Hinnant  and  Massey,  voted  for  Mr.  Gilbert. 
4 


50  JOURNAL  OF  THE 

Messrs.  Dula  and  Jones  of  Yadkin,  voted  for  Mr.  Porter. 

Mr.  Waddell  having  received  a  majority  of  all  the  votes 
cast,  was  declared  duly  elected. 

Leave  of  absence  was  granted  Mr.  Strowd -until  next  Tues- 
day morning. 

Mr.  Price  offered  a  resolution  of  instruction  to  the  Com- 
mittee on  Privileges  and  Elections  to  consider  the  case  of  J. 
E.  O'Hara,  a  delegate  from  Halifax. 

The  resolution  was  read  and  laid  over  under  the  rules. 

Mr.  Page  offered  a  resolution  to  have  all  ordinances  for 
amending  the  Constitution  printed  and  laid  upon  the  desks  of 
the  delegates.     Read  and  laid  over  under  the  rules. 

Mr.  Badger  offered  a  resolution  in  relation  to  the  burial 
expenses  of  the  late  Hon.  William  Alexander  Graham.  Laid 
over  under  the  rules. 

Mr.  Young  offered  a  resolution  to  adjourn  sine'&ie.  Laid 
over  under  the  rules. 

On  motion,  the  Convention  adjiTirned  until  to-morrow  at 
10  A.  M. 


SIXTH  DAY. 

Saturday,  Septemler  11,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  by  Rev.  C.  B.  Hassell. 

The  Journal  of  yesterday  was  read  and  approved. 

Mr.  Clingman,  from  the  Committee  on  the  Legislative  De- 
partment, made  a  report,  which  was  ordered  to  be  printed  and 
placed  on  the  calendar. 

Mr.  Moreheadjfrom  the  Committee  on  Education,  submitted 
the  following  reports : 

R.  Iso.  31.     Resolution  to  amend  article  7  of  the  Constitu- 


CONVENTION  OF  1875.  51 

tion,  with  a  recommendation  that  it  be  referred  to  the  Com- 
mittee on  Municipal  Corporations.  The  resolution  was  so 
referred. 

R.  No.  32.  Resolution  to  amend  article  7,  section  1,  of  the 
Constitution,  with  a  recommendation  that  it  be  r  ferred  to  the 
Committee  on  Municipal  Corporations.  The  resolution  was  so 
referred. 

R.  No.  30.  Resolution  to  amend  article  9,  section  4  of  the 
Constitution,  with  a  recommendation  that  it  do  not  pass. 

The  following  ordinances  and  resolutions  were  introdtice-d 
read  and  passed  the  first  time,  and  were  referred  or  otherwise 
disposed  of  as  follows  : 

By  Mr.  Anderson,  of  Madison  :  A  resolution  in  reference 
to  townships.     To  the  Committee  on  Municipal  Corporations. 

By  Mr.  Manning,  of  Chatham  :  A  resolution  to  alter  section 
2,  article  5,  of  the  Constitution  of  North  Carolina.  To  the 
Committee  on  Revenue,  Taxation  and  the  Public  Debt  ; 

A  resolution  to  alter  section  14,  article  4,  of  the  Constitution 
of  North  Carolina.  To  the  Committee  on  the  Judicial  De- 
partment; 

A  resolution  to  abrogate  sections  15,  16  and  17  of  the  Con- 
stitution of  North  Carolina.  To  the  Committee  on  the  Ju- 
dicial Department. 

A  resolution  to  alter  section  12,  article  4,  of  the  Constitution 
of  North  Carolina.  To  the  Committee  on  the  Judicial  De- 
partment; 

A  resolution  to  abrogate  and  amend  section  19,  article  4,  of 
the  Constitution  of  North  Carolina.  To  the  Committee  on 
the  Judicial  Department ; 

An  ordinance  to  alter  section  2,  article  4,  of  the  Constitution 
of  North  Carolina.  To  the  Committee  on  the  Judicial  De- 
partment; * 

An  ordinance  to  alter  section  13,  article  3,  of  the  Constitu- 
tion of  North  Carolina.  To  the  Committee  on  the  Judicial 
Department; 

An  ordinance  to  alter  section  6,  article  4,  of  the  Constitution, 


52  JOURNAL  OF  THE 

of  North  Carolina.  To  the  Committee  on  the  Judicial  De» 
part  men  t ; 

An  ordinance  to  alter  section  26,  article  4,  of  the  Constitu- 
tion of  North  Carolina.  To  the  Committee  on  the  Judicial 
Department ; 

An  ordinance  to  alter  section  29,  article  2,  of  the  Constitu- 
tion of  North  Carolina.  To  the  Committee  on  the  Judicial 
Department. 

By  Mr.  Price :  An  ordinance  to  amend  section  1  of  the  sixth 
article  of  the  Constitution,  providing  for  a  residence  of  six 
months  in  a  county  for  exercise  of  right  of  suffrage.  To  the 
Committee  on  Suffrage  and  Eligibility  to  Office; 

An  ordinance  to  amend  article  eleven  of  the  Constitution  in 
relation  to  punishments.  To  the  Committee  on  Punishments, 
Penal  Institutions  and  Public  Chanties; 

An  ordinance  to  amend  section  SI  of  the  4th  article  of  the 
Constitution,  providing  for  filling  vacancies.  To  the  Com- 
mittee on  the  Executive  Department ; 

A  resolution  of  instruction  to  the  Committee  on  the  Execu- 
tive Department  to  report  an  amendment  to  abolish  the  office 
of  Lieutenant  Governor.  To  the  Committee  on  the  Executive 
Department. 

By  Mr.  Vaughan :  An  ordinance  to  amend  section  24  of 
article  1  of  the  Constitution,  relating  to  right  of  the  people 
to  keep  and  bear  arms.  To  the  Committee  on  a  Preamble  and 
Bill  of  Eights; 

An  ordinance  to  amend  the  5th  section  of  the  first  article  of 
the  Constitution  of  North  Carolina,  relating  to  the  allegiance 
of  the  people  of  this  State.  To  the  Committee  on  a  Preamble 
and  Bill  of  Eights. 

By  Mr.  George:  An  ordinance  to  amend  article  1,  of  the 
Constitution.  To  the  Committee  on  a  Preamble  and  Bill  of 
Eights. 

By  Mr.  Withers:  An  ordinance  to  amend  section  6,  article 
10,  of  the  Constitution,  prohibiting  intermarriage  of  the  races. 
To  the  Committee  on  Miscellaneous  Provisions. 


CONVENTION"  OF  1875.  53 

By  Mr.  Anderson,  of  Clay:  An  ordinance  to  revise  article 

3,  section  I,  Constitution  of  North  Carolina.   To  the  Commit- 
tee on  the  Executive  Department. 

By  Mr.  Scott,  of  Onslow  :  An  ordinance  to  amend  the  11th 
article  of  the  Constitution.  To  the  Committee  on  Punish- 
ments, Penal  Institutions  and  Public  Charities. 

By  Mr.  Roberts  :  An  ordinance  to  amend  section  2,  of  the 
6th  article  of  the  Constitution,  requiring  payment  of  poll  tax 
for  preceding  year  before  voting.  To  the  Committee  on 
Suffrage  and  Eligibility  to  office. 

An  ordinance  to  amend  section  10,  of  the  11th  article,  pro- 
viding for  support  of  deaf,  dumb  and  insane,  &c.  To  the 
Committee  on  Punishments,  Penal  Institutions  and  Public 
Charities. 

An  ordinance  to  amend  section  1,  of  the  8th  article  of  the 
Constitution.  To  the  Committee  on  Corporations  other  than 
Municipal. 

By  Mr.  Cowell :  An  ordinance  to  amend  section  1,  article 

4,  of  the  Constitution.     To  the   Committee  on   Suffrage  and 
Eligibility  to  office. 

By  Mr.  Kirby:  An  ordinance  to  amend  section  1,  article  6, 
of  the  Constitution.  To  the  Committee  on  Suffrage  and  Eli- 
gibility to  office. 

By  Mr.  Hassell:  An  ordinance  to  abrogate  and  annul  sec- 
tion 33,  article  3,  of  the  Constitution.  To  the  Committee  on 
the  Judicial  Department ; 

An  ordinance  to  abolish  the  township  system  and  to  estab- 
lish the  Court  of  Quarter  Sessions.  To  the  Committee  on  the 
Judicial  Department. 

By  Mr.  Wheeler :  An  ordinance  to  amend  article  13,  sec- 
tion 2,  of  the  Constitution,  to  provide  that  no  Convention 
ghall  be  called  until  the  question  shall  have  been  submitted  to 
and  received  the  sanction  of  a  majority  of  the  qualified  voters 
of  the  State.     To  the  Committee  on  Amendments. 

An  ordinance  to  make  the  homestead  a  fee  simple.  To  the 
Committee  on  the  Judicial  Department 


U  JOURNAL  OF  THE 

A  resolution  of  instruction  to  the  Committee  ©n  Privileges 
and  Elections-  To  the  Committee  on  Privileges  and  Elec- 
tions. 

By  Mr.  Rebbins :  An  ordinance  to  amend  section  4,  of  the 
8th  article  of  the  Constitution,  relative  to  city  and  town  gov- 
ernments. To  the  Committee  on  Corporations  other  than 
Municipal. 

An  ordinance  to  amend  article  4,  of  the  Constitution.  To 
the  Committee  on  the  Judicial  Department. 

By  Mr.  Budii  :  An  ordinance  to  alter  section  1,  of  article 
6th,  of  the  Constitution  of  North  Carolina.  To  the  Commit- 
tee on  Suffrage  and  Eligibility  to  office. 

An  ordinance  to  strike  out  the  11th  article  of  the  Constitu- 
tion. To  the  Committee  on  Punishments,  Penal  Institutions 
and  Public  Charities. 

An  ordinance  to  alter  section  4,  of  article  4,  of  the  Consti- 
tution of  North  Carolina.  To  the  Committee  on  the  Judicial 
Department. 

By  Mr.  Henderson  :  An  ordinance  to  amend  article  6,  sec- 
tion 1,  of  the  Constitution,  requiring  the  payment  of  taxes  as 
a  qualification  for  voting.  To  the  Committee  on  Suffrage  and 
Eligibility  to  office  ; 

An  ordinance  to  amend  article  13,  section  1,  of  the  Consti- 
tution, in  reference  to  the  mode  of  calling  a  Convention  of  the 
pe  >ple.     To  the  Committtee  on  Amendments  ; 

Aa  ordinance  to  amend  article  3,  section  1,  of  the  Constitu- 
tion.    To  the  Committee  on  the  Executive  Department  ; 

An  ordinance  to  amend  article  14,  section  5,  in  reference  to 
appointments  to  office.  To  the  Committee  on  Miscellaneous 
Provisions ; 

An  ordinance  to  amend  article  2,  section  29,  of  the  Consti- 
tution.    To  the  Committee  on  the  Legislative  Department; 

An  ordinance  to  amend  article  2,  of  section  27,  of  the  Con- 
stitution.    To  the  Committee  on  the  Legislative  Department ; 

An  ordinance  to  strike  out  of  the   Constitution  sections  4 


CONTENTION  OF  1875.  55 

and  8,  of  article  2  thereof.     To  the  Committee  on  the  Legis- 
lative Department. 

By  Mr.  Durham  :  An  oroVnance  proposing  to  strike  out 
section  9,  of  article  4,  ot  the  Constitution.  To  the  Committee 
on  the  Judicial  Department. 

An  ordinance  proposing  to  amend  section  9,  article  3,  of 
the  Constitution.  To  the  Committee  on  the  Legislative  De- 
partment. 

By  Mr.  Bennett:  An  ordinance  to  amend  article  5,  of  the 
Constitution.  To  the  Committee  on  "Revenue,  Taxation  and 
the  Public  Debt. 

An  ordinance  to  amend  article  5,  of  the  Constitution.  To- 
the  Committee  on  Revenue,  Taxation  and  the  Public  Debt. 

Bj  Mr.  Reid  :  An  ordinance  concerning  the  common  high- 
ways of  the  State.  To  the  Committee  on  Revenue,  Taxation 
and  the  Public  Debt. 

By  Mr.  Marshall :  An  ordinance  requiring  prepayment  of 
poll  tax  as  a  condition  to  voting.  To  the  Committee  on  Suf- 
frage and  Eligibility  to  Office. 

By  Mr.  Allison  :  An  ordinance  to  amend  section  1,  article 
6,  of  the  Constitution.  To  the  Committee  on  Suffrage  and 
Eligibility  to  Office. 

By  Mr.  Avery :  An  ordinance  to  amend  article  5  of  fche 
Constitution,  providing  for  exemption  from  taxation  of  certain 
property.  To  the  Committee  on  Revenue,  Taxation  and  the 
Public  Debt 

By  Mr.  Singeltary  :  An  ordinance  providing  for  the  elec 
tion  ef  an  equal  number  of  magistrates  by  the  Legislature  as 
are  and  shall  continue  to  be  elected  by  the  people  ;  these 
magistrates  to  elect  three  of  their  number  for  county  com- 
missioners.    Placed  on  the  calendar. 

By  Mr.  Summers  :  An  ordinance  to  amend  section  1,  article 
14,  of  the  Constitution  of  North  Carolina.  To  the  Committee 
on  Punishments,  Penal  Institutions  and  Public  Charities. 

An  ordinance  to  amend  article  9,  section  4,  of  the  Consti- 
tution.    To  the  Committee  on  Education. 


56  JOURNAL  OF  THE 

An  ordinance  to  amend  article  3,  section  1,  of  the  Constitu- 
tion of  North  Carolina,  abolishing  the  office  of  Attorney 
Geperal.     To  the  Committee  on   the  Executive  Department. 

An  ordinance  to  amend  section  2,  article  2,  of  the  Consti- 
tution of  North  Carolina.  To  the  Committee  on  the  Legis- 
lative Department. 

By  Mr.  Nicholson:  An  ordinaece  to  amend  article  11,  sec- 
tion 9,  of  the  Constitution  of  North  Carolina.  To  the  Com- 
mittee on  Punishments,  Penal  Institutions  and  Public  Char- 
ities. 

By  Mr.  Cooper :  An  ordinance  to  amend  section  16,  article 
4,  of  the  Constitution.  To  the  Committee  on  the  Judicial 
Department. 

The  consideration  of  General  Orders  being  in  order,  the 
Convention  proceeded  to  consider  Resolution  18,  R.  instruct- 
ing the  Committee  on  Privileges  and  Elections  to  consider 
and  report  on  the  contest  for  a  seat  as  delegate  from  Surry. 

The  resolution  was  read. 

Mr.  Durham  offered  an  amendment,  striking  out  the  words 
"and  appoiut  a  hearing  upon  the  same  within  three  days." 

The  amendment  prevailed. 

The  resolution,  as  amended,  was  then  adopted. 

The  Convention  then  proceeded  to  the  consideration  ef 
Resolution  59,  R.  to  print  the  Ordinances  to  amend  the  Con- 
stitution. 

The  resolution  was  read,  and,  on  motion  of  Mr.  Durham, 
laid  upon  the  table. 

Resolution  58,  R.  of  instruction  to  the  Committee  on  Privi- 
leges and  Elections  to  consider  the  case  of  J.  E.  O'Hara,  was 
next  taken  up  and  read. 

Mr.  Tourgee  moved  to  amend  by  striking  out  the  words 
"  four  days." 

The  amendment  prevailed,  and  the  resolution  was  adopted. 

The  Convention  then  proceeded  to  the  consideration ,  of 
resolution  57,  R.  to  adj<  urn  sine  die. 

The  resolution  was  read. 


CONTENTION  OF  18TS.  6T 

Mr.  Cunningham  moved  to  lay  the  resolution  upon  the  table. 

On  demand,  the  yeas  and  nays  were  ordered,  and  the  motion 
to  table  prevailed,  yeas  57,  nays  55,  as  follows  : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of" 
Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Carter,. 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Durham,  Everett,  Faison,  Farrior,  George,  Green,  Harrington,. 
Hassel,  Henderson,  Jarvie,  Jones  of  Caldwell,  King  ©f  Pitt„ 
Kirby,  Love,  Manning  of  Chatham,  Marshall,  McCorkle,  Mc- 
B&ehin,  Morehead,  Motz,  Neal,  Nicholson,  Price,  Redwine^ 
Reid,  Robbing,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,. 
Spake,  Stallings,  Summers,  Turner,  Yaughan,  Watts,  Wilson 
and  Withers — 57. 

Nats — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
BeTl,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Bux- 
ton, Bryan,  Cary,  Crosby,  Davis,  Dixon,  Dockery,  Dula,  Fair- 
cloth,  Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge,. 
Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice, 
King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Mannix,  Manning- 
of  New  Hanover,  Massey,  McGabe,  McCanless,  McDonald, 
Mnnden,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Taylor, 
Thorne,  Tourgee,  Wheeler,  Wilcox,  Woodfin  and  Young — 5£L 

Mr.  Allison  was  paired  with  Mr.  Barringer  ;  Mr.  Chamber- 
lain with  Mr.  Ransom  ;  Mr.  Strowd  with  Mr.  Smythe. 

Mr.  Buxton  offered  a  resolution  of  instruction  to  the  Com- 
mittee on  Privileges  and  Elections,  in  relation  to  the  Robeson* 
county  case. 

The  resolution  was  read  and  placed  on  the  calendar. 

On  motion,  the  rules  were  suspended,  and  the  resolution- 
taken  up. 

Mr.  Turner  offered  to  amend  by  including  the  delegate  from 
Cumberland,  Mr.  Buxton. 

The  amendment  prevailed,  and  the  resolution  wag  adopted. 

Mr.  O'Hara  introduced  a  resolution  to  adjourn  sine  die*. 
Placed  on  the  calendar,  and  laid  over  under  the  rules. 


58  JOURNAL  OF  THE 

Mr.  Morebead  moved  that  R.  No.  30  :  Resolution  to  amend 
article  9,  Bection  4  of  the  Constitution,  be  taken  from  the 
calendar  and  considered. 

The  motion  prevailed. 

Mr.  Morebead  then  moved  that  the  resoluti©n  be  laid  upon 
the  table. 

The  motion  to  table  prevailed. 

On  motion,  the  Convention  adjourned  until  10  A.  M., 
Monday. 


SEVENTH    DAY. 

Monday,  September  13th,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  Rev.  John  N.  Stallings. 

The  Journal  of  Saturday  was  read  and  approved. 
.  Leaves  of  absence  were  granted  as  follows : 

To  Mr.  Faircloth  until  Monday  next 

To  Mr.  Mannix  until  Thursday. 

To  Mr.  King,  of  ^Lenoir,  three  days  of  the  present  week. 

The  following  ordinances  and   resolutions  were  introduced 
read  and  passed  the  first  time,  and  referred   or  otherwise  dis- 
posed of  as  follows : 

By  Mr.  Byrd :  Resolution  in  reference  to  the  Clerk  of  the 
Superior  Court.  To  the  Committee  on  the  Judicial  Depart- 
ment ; 

Resolution  to  alter  article  4,  section  29,  of  the  Constitution 
in  reference  to  Solicitors  of  Judicial  Districts. 

Resolution  to  alter  article  4.  section  26,  of  the  Constitution 


CONVENTION  OF  1875.  59 

in  reference  to  Judges  of  the  Superior  Courts.  To  the  Com- 
mittee on  the  Judicial  Department. 

By  Mr.  Cooper :  An  ordinance  to  amend  sections  1  and  2, 
article  5  of  the  Constitution.  To  the  Committee  on  the  Ju- 
dicial Department. 

By  Mr.  Anderson,  of  Clay  :  An  ordinance  for  farming  out 
or  otherwise  employing  all  convicts  who  are  now  or  may  here- 
after be  sentenced  to  the  Penitentiary.  To  the  Committee  on 
Punishments,  Penal  Institutions  and  Public  Charities. 

By  Mr.  McCorkle :  An  ordinance  in  relation  to  Municipal 
Corperations.     To  the  Committee  on  Municipal  Corporations. 

By  Mr.  Spake  :  An  ordinance  to  amend  article  14,  of  the 
Constitution  of  North  Carolina.  To  the  Committee  on 
Suffrage  and  Eligibility  to  office. 

By  Mr.  Durham:  Resolution  declaring  that  article  7  of 
the  Constitution  ought  to  be  abrogated.  To  the  Committee 
on  Municipal  Corporations. 

By  Mr.  Price  :  Resolution  requiring  the  Committee  on 
Privileges  and  Elections  to  enquire  into  the  eligibility  of  the 
contestants  from  the  county  of  Robeson  to  seats  in  this  Con- 
vention.    Laid  over  under  the  rules. 

By  Mr.  Morehead  :  An  ordinance  to  amend  section  10, 
article  11,  of  the  Constitution,  in  relation  to  blind,  deaf  and 
insane  persons.  To  the  Committee  on  Punishments,  Penal 
Institutions  and  Public  Charities. 

By  Mr.  Allison  :  An  ordinance  to  amend  section  10,  article 
11  of  the  Constitution  of  North  Carol. na.  To  the  Committee 
on  Punishments,  Penal  Institutions  and  Public  Charities. 

By  Mr.  Goodwin :  Resolution  on  sine  die  adjournment. 
Laid  over  under  the  rules. 

By  Mr.  Avery:  Resolution  in  relation  to  amending  section 
2,  article  18,  of  the  Constitution.  To  the  Committee  en 
Amendments. 

An  ordinance  to  amend  article  4,  of  the  Constitution.  To 
the  Committee  on  the  Judicial  Department. 

By  Mr.  Dockery  :     Resolution  of  instruction  to  the  Com- 


60  JOURNAL  OF  THE 

raittee  on  Privileges  and  Elections  relative  to  Josiah  Turner. 
Laid  over  under  the  rules. 

By  Mr.  Henderson :  An  ordinance  t»  amend  article  8,  of 
the  Constitution,  prohibiting  the  granting  of  free  passes  to 
members  of  the  General  Assembly,  and  other  officers.  To 
the  Gommittee  on  Corporations  other  than  Municipal. 

An  ordinance  to  amend  article  2  of  the  Constitution,  chang- 
ing the  time  of  meeting  of  the  General  Assembly,  &c.  To  the 
Committee  on  the  Legislative  Department. 

An  ordinance  to  amend  article  2  of  the  Constitution,  provid- 
ing for  special  legislation.  To  the  Committee  on  the  Legisla- 
tive Department. 

An  ordinance  to  amend  article  6,  of  the  Constitution,  provid- 
ing that  no  person,  while  kept  at  any  poor  house,  &c,  shall  be 
entitled  to  vote.  To  the  Committee  on  Suffrage  and  Eligibility 
to  office. 

An  ordinance  to  amend  article  9,  of  the  Constitution,  pro- 
viding for  separate  public  free  schools  for  the  education  of 
children  of  African  descent.  To  the  Committee  on  Edu- 
cation. 

An  ordinance  to  amend  article  9,  «f  the  Constitution,  pro- 
viding for  the  preservation  and  investment  of  the  Public 
School  Fund.     To  the  Committee  on  Education. 

Mr.  Avery  offered  a  resolution  to  amend  the  Rules  of 
Order;  and  moved  that  it  be  referred  to  a  Committee  of  three. 

A  division  was  called  for,  and  the  motion  prevailed,  fifty- 
six  voting  in  the  affirmative  and  fifty  ia  the  negative. 

The  Chair  designated  Messrs.  Avery,  Robbins  and  Young 
as  the  special  committee  proposed  in  the  resolution. 

Mr.  Tourgee  offered  a  resolution  in  regard  to  the  reports  of 
standing  committees.     Placed  on  the  calendar. 

Mr.  Clingman,  from  the  Committee  en  the  Legislative  De- 
partment, submitted  an  additional  part  to  the  report  submitted 
by  him  on  Saturday.     Placed  on  the  calendar. 

The  Chair  designated  Messrs.  Roberts,  of  Gates,  McCabe, 


CONVENTION  OF  1875.  61 

Rnmley,  Scott  of  Onslow,  Singeltary,  Spake,  Cunningham 
and  Dula,  as  the  Committee  on  Enrolled  Bills  ; 

And  Messrs.  Morehead,  Lehman  and  Price  as  the  Com- 
mittee on  Contingent  Expenses.  i 

The  consideration  of  general  orders  being  in  order,  R.  No. 
65  :  Resolution  providing  for  the  election  of  an  equal  number 
of  magistrates  by  the  Legislature  as  are  and  6hall  continne  to 
be  elected  by  the  people,  these  magistrates  to  elect  three  of 
their  number  for  county  commissioners,  wae  taken  up,  and,  on 
motion  of  Mr.  Singeltary,  was  referred  to  the  Committee  on 
Municipal  Corporations. 

On  motion  of  Mr.  Durham,  the  Convention  adjourned  until 
te-morrow  at  10  A.  M. 


EIGHTH  DAT. 

Tuesday,  September  14,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  Rev.  Mr.  Spake. 

The  Journal  of  yesterday  was  read  and  approved. 

Leave  of  absence  was  granted  Mr.  Dixon  until  Monday 
next. 

Mr.  Durham  moved  a  suspension  of  the  rules,  in  order  to 
consider  an  amendment  to  the  rules  of  order,  changing  the 
hour  of  meeting  from  10  A.  M.  to  11  A.  M. 

The  motion  did  not  prevail. 

On  motion  of  Mr.  Bennett,  it  was  ordered  that  all  favorable 
reports  from  standing  committees  be  printed. 

Reports  from  Standing  Committees  were  submitted,  as  fol- 
lows: 


62  JOURNAL  OF  THE 

From  the  Committee  on  the  Judicial  Departmeut : 

By  Mr.  Bennett,  R.  No.  118:  Resolution  to  alter  section  2, 
article  4,  of  the  Constitution  of  North  Carolina,  with  accom- 
panying amendment.     Placed  on  the  calendar. 

Ordinances  13,  1  and  4  ;  and  resolutions  7,  89,  8,  12  and 
16,  touching  section  8,  article  4,  of  the  Coastitution  ;  with 
an  accompanying  substitute.     Placed  on  the  calendar. 

From  the  Committee  on  the  Executive  Department : 

By  Mr.  Reid  :  Ordinance  111  and  ordinance  to  amend  sec- 
tion 31,  of  the  4th  article  of  the  Constitution  ;  with  the  re 
commendation  that  it  be  referred  to  the  Committee  on  the  Ju- 
dicial Department.     It  was  so  referred. 

R.  No.  48 :  Resolution  48,  to  amend  section  29,  article  2,  of 
the  Constitution  of  North  Carolina  ;  with  the  recommendation 
that  it  be  referred  to  the  Committee  on  the  Legislative  De- 
partment.    It  was  so  referred. 

R.  No  49 :  Resolution  to  amend  section  15,  article  2,  of  the 
Constitution  of  North  Carolina,  with  a  recommendation  that 
it  be  referred  to  the  Committee  on  the  Legislative  Department. 
It  was  so  referred. 

From  the  Committee  on  Education  : 

By  Mr.  Morehead,  Ordinances  Nos.  28,  29  and  144,  touching 
section  3,  of  the  9th  article  of  the  Constitution  ;  with  an 
accompanying  substitute.     Placed  on  the  calendar. 

Ordinance  No.  143,  an  ordinance  to  amend  article  9,  of  the 
Constitution,  providing  for  the  preservation  and  investment  of 
the  public  school  funds  ;  with  a  recommendation  that  it  do 
not  pass.     Placed  on  the  calendar. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  disposed  of,  as  follows: 

By  Mr.  Carter  :  An  ordinance  to  amend  section  31,  article 
4,  of  the  Constitution  of  North  Carolina.  To  the  Committee 
on  the  Judicial  Department. 

By  Mr.  Kerr :  An  ordinance  to  prescribe  an  oath  to  mem- 
bers of  the  General  Assembly.  To  the  Committee  on  the 
Legislative  Department. 


CONTENTION  OF  1871.  03 

By  Mr.  Burnley:  An  ordinance  to  prohibit  counties,  cities, 
towns,  &c,  from  contracting  debts.  To  the  Committee  on 
Municipal  Corporations. 

By  Mr.  Watts  :  An  ordinance  to  reduce  the  number  of 
State  Senators  to  twenty-four.  To  the  Committee  on  the  Leg- 
islative Department. 

By  Mr.  Blocker:  An  ordinance  to  amend  section  1,  article 
13.     To  the  Committee  on  Amendments. 

By  Mr.  Badger:  Resolution  of  instruction  to  the  Commit- 
tee on  Privileges  and  Elections.     Placed  on  the  calendar. 

By  Mr.  Allison  :  An  ordinance  to  amend  section  25,  article 
2,  of  the  Constitution  of  North  Carolina.  To  the  Committee 
on  the  Legislative  Department. 

Ordinance  to  amend  sectiou  3,  article  2,  of  the  Constitution. 
To  the  Committee  on  the  Legislative  Department. 

By  Mr.  Cooper:  Ordinance  to  reduce  the  salaries  of  the 
executive  officers  of  the  State.  To  the  Committee  on  the  Ex- 
ecutive Department. 

The  consideration  of  General  Orders  being  in  order,  the 
Convention  then  proceeded  to  the  consideration  of  Ordinance 
No.  64,  in  relation  to  the  compensation  of  members  of  the 
General  Assembly. 

The  ordinance  was  read  the  second  time. 

Mr.  Manning,  of  Chatham,  offered  to  amend  by  striking 
out  the  word  ''three"  in  the  third  line,  and  inserting  the 
word  "  four." 

Mr.  Tourgee  proposed  to  amend  by  striking  out  all  after  the 
word  "  sum"  in  third  line,  down  to  the  word  "  they"  in  the 
ninth  line,  and  inserting  in  lieu  thereof  the  words,  "two  hun- 
dred dollars  for  their  term  of  service  ;"  also,  by  striking  out  all 
after  the  word  "  session"  inline  fourteenth  :  as  a  substitute  for 
the  amendment  offered  by  Mr.  Manning,  of  Chatham. 

Pending  its  consideration,  Mr.  Price  called  the  previous 
question. 

The  call  being  sustained,  the  question  recurred  first  on  the 
amendment  to  the  amendment. 


€4:  JOURNAL  OF  THE 

The  yeas  and  nays  were  demanded,  and  the  amendment  did 
not  prevail,  yeas  23,  nays  87,  as  follows:  > 

Yeas — Messrs.  Bean,  Bell,  Black,  Bliven,  Bowman,  Bryan 
Dockery,  French,  Goodwin,  Grantham,  Hodge,  Holton,  Jone3 
-of  Yadkin,  Jordan,  Mabson,  Manning  of  New  Hanover, 
McCabe,  McCanless,  McDonald,  Page,  Taylor,  Tourgee  and 
Wheeler— 23. 

Nats — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Barringer,  Bar- 
row, Bateman,  Bennett,  Bingham,  Blocker,  Boyd,  Bullock 
Bunn,  Buxton,  Byrd,  Carter,  Chamberlain,  Clingman,  Cole* 
man,  Cooper,  Cowell,  Crosby,  Cunningham,  Davis,  Dixon, 
Dobeon,  Dula,  Durham,  Everett,  Faison,  Farrior,  George, 
'Crreen,  Hampton,  Harrington,  Hassel,  Henderson,  Hinnant, 
Hoffman,  Horton,  Jarvis,  Jones  of  Caldwell,  Justice,  Kerr^ 
King  of  Pitt,  Kirby,  Lehman,  Love,  Lowe,  Marshall,  Massey, 
McCorkle,  McEachin,  Morehead,  Munden,  Neal,  Nicholson, 
Nowell,  O'Hara,  Price,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Smythe,  Spake,  Strowd, 
Summers,  Thorne,  Turner,  Vaughan,  Watts,  Wilcox,  Wilson, 
Withers,  Woodfin  and  Young — 87. 

Mr.  Manning,  of  (  hatham,  was  paired  with  Mr.  Mannix ; 
Mr.  Motz  with  Mr.  King,  of  Lenoir ;  and  Mr.  Stallings  with 
~Mr.  Faircloth. 

The  question  next  recurred  upon  the  amendment  proposed 
by  Mr.  Manning,  of  Chatham. 

The  yeas  and  nays  being  demanded,  the  amendment  did  not 
prevail ;  yeas  45,  nays  63,  as  follows : 

Yeas — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Barrow,  Bateman,  Bean,  Bingham,  Blocker,  Bullock, 
Bunn,  Buxton,  Carter,  Chamberlain,  Coleman,  Cooper,  Cowell, 
Everett,  French,  Harrington,  Hassell,  Jones  of  Caldwell,  Jus- 
tice, King  of  Pitt,  Kirby,  Love,  Lowe,  Marshall,  McCorkle, 
McDonald,  McEachin,  Neal,  Nowell,  Page,  Roberts  of  Gates, 


CONTENTION  OF  1875  65 

Rumley,  Scott  of  Onslow,  Shober,  Singeltary,  Spake,  Strowd, 
Vaughan,  "Wilson,  Woodfin  and  Young — 45. 

Nays — Messrs.  Anderson  of  Madison,  A  very,  Badger,  Bar- 
ringer,  Bell,  Bennett,  Black,  Bliven,  Bowman,  Boyd,  Bryan, 
Byrd,  Clingman,  Crosby,  Cunningham,  Davis,  Dixon,  Dobson, 
Dockery,  Dula,  Durham,  Faison,  Farrior,  George,  Goodwin, 
Grantham,  Green,  Hampton,  Henderson,  Hinnant,  Hodge, 
Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Yadkin,  Jordan, 
Kerr,  Lehman,  Mabson,  Manning  of  New  Hanover,  Massey, 
McCabe,  McCanless,  Morehead,  Munden,  Nicholson,  O'Hara, 
Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Shep- 
herd, Sinclair,  Smythe,  Summers,  Thorne,  Tourgee,  Watts, 
Wheeler,  Wilcox  and  Withers— 63. 

The  following  delegates  were  paired  off  : 

Messrs.  Faircloth,  King  of  Lenoir,  Mannix,  Manning  of 
Chatham,  Motz  and  Stallings. 

By  unanimous  consent,  Mr.  Tourgee  offered  the  following 
amendment : 

"  Strike  out  from  the  word  '  session'  in  line  M  to,  and 
including  the  word  'session'  in  line  15,  and  insert  the 
words  "in  which  case." 

The  amendment  was  adopted. 

The  question  recurring  on  the  passage  of  the  ordinance  the 
second  time,  and  the  yeas  and  nays  being  ordered,  it  passed 
the  second  time,  yeas  77,  nays  34:,  as  follows : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barringer,  Bennett,  Bingham,  Blocker, 
Bowman,  Bunn,  Buxton,  Bryan,  Byrd,  Carter,  Clingman, 
Coleman,  Cooper,  Cowell,  Dobson,  Dockery,  Dula,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Hampton,  Harring- 
ton, Hassel,  Henderson,  Hinnant,  Hoffman,  Holton,  Jarvis, 
Jones  of  Caldwell,  Jones  of  Yadkin,  Justice,  Kerr,  King  of 
Pitt,  Kirby,  Love,  Marshall,  Massey,  McCanless,  McCorkle, 
McEachin,  Morehead,  Neal,  Nicholson,  Price,  Redwine,  Reid, 
5 


66  JOURNAL  OF  THE 

Bobbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Runiley,. 
Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Strowd,  Summers,  Thorne,  Turner,  Yaughan,  Wattsr 
Wheeler,  Wilcox,  Wilson,  Witliers,  Woodfin  and  Young — 77. 

Nays. — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Boyd,  Bullock,  Cary,  Chamberlain,, 
Crosby,  Davis,  Dixon,  French,  Goodwin,  Grantham,  Hodge,. 
Horton,  Jordan,  Lehman,  Lowe,  Mabson,  Manning  of  New 
Hanover,  McCabe,  McDonald,  Munden,  Nowell,  O'Hara, 
Page,  Smythe,  Taylor  and  Tourgee — 34. 

The  following  delegates  were  paired  off: 

Messrs.  Faircloth,  King  of  Lenoir,  Mannix,  Manning  of 
Chatham,  Motz  and  Stallings. 

Mr.  Badger  moved  to  suspend  the  rules  and  take  from  the 
calendar  R.  No.  152  :  A  resolution  of  instruction  to  the  Com- 
mittee on  Privileges  and  Elections. 

The  motion  prevailed  and  the  resolution  was  adopted. 

Mr.  Freuch  moved  a  suspension  of  the  rules,  in  order  to- 
offer  an  amendment  to  the  rules  of  order. 

The  motion  did  not  prevail. 

Mr.  Davis  introduced  an  ordinance  to  provide  for  the  pay- 
ment of  the  per  diem,  and  mileage  of  the  officers,  members- 
and  employees  of  the  Convention. 

The  ordinance  was  read  the  first  time  and  placed  on  the* 
calendar. 

Mr.  Badger  moved  to  suspend  the  rules  and  put  the  ordi- 
nance on  its  second  reading. 

The  yeas  and  nays  being  demanded,  the  motion  prevailed. 
Yeas  71,  nays  40,  as  follows  : 

Yeas — Messrs.  Allison,  AUman,  Anderson  of  Madison, 
Badger,  Barringer,  Bean,  Bennett,  Black,  Blocker,  Bowman, 
Boyd,  Buxton,  Bryan,  Clingman,  Coleman,  Crosby,  Cunning- 
ham, Davis,  Dixon,  Dobson,  Dockery,  Dula,  Durham,  Eve 
rett,  French,  Goodwin,  Grantham,  Green,  Hampton,  Hinnant, 
Hoffman,  Hoi  ton,  Jarvis,  Jones  of  Yadkin,  Jordan,  Justice, 
Kerr,  King  of  Pitt,  Kirby,  Mabson,  Manning  of  New  Hano- 


CONVENTION  OF  1875.  67 

ver,  Marshall,  'Massey,  McCabe,  McCanless,  McDonald,  Mc- 
Eachin,  Morehead,  Munden,  Neal,  Nicholson,  O'Hara,  Page, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Scott  of  Onslow,  Shepherd,  Strowd,  Summers,  Taylor, 
Thorne,  Turner,  Watts,  Wheeler,  Wilcox,  Wilson,  Withers 
and  Young — 71. 

Nays — Messrs.  Albertson,  Anderson  of  Clay,  Avery,  Bar- 
row, Bateman,  Bell,  Bingham,  Bliven,  Bullock,  Bunn,  Byrdr 
Cary,  Carter,  Chamberlain,  Cooper,  Cowell,  Faison,  Fariior, 
George,  Harrington,  Hassell,  Henderson,  Hodge,  ITorton, 
Jones  of  Caldwell,  Lehman,  Love,  Lowe,  McCorkle,  Nowell, 
Price,  Rumley,  Shober,  Sinclair,  Singeltary,  Smythe,  Spake,. 
Tourgee,  Vaughan  and  Wilson — 40. 

The  following  delegates  were  paired  off:  Messrs.  Faircloth, 
King  of  Lenoir,  Mannix,  Manning  of  Chatham,  Motz  and 
Stallings. 

Pending  the  consideration  of  this  ordinance,  on  motion  of 
Mr.  Chamberlain,  the  Convention  adjourned  until  10  A.  M. 
tomorrow. 


NINTH  DAY. 

Wednesday,  September  15,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
chair. 

Prayer  was  offered  by  Rev.  Mr.  Woodfin,  delegate  from 
Henderson. 

The  Journal  of  yesterday  was  read  and  approved. 

Leave  of  absence  was  granted  Mr.  Smythe  from  last  Satur- 
day until  last  Tuesday. 

Mr.  Badger,  by  leave,  moved  that  the  Committee  on  Rules 


68  JOURNAL  OF  THE 

of  Order  be  instructed  to  report  an  ordinance  providing  for 
the  authentication  of  all  ordinances  and  resolutions  passed  by 
this  Convention. 

The  motion  prevailed. 

Reports  from  standing  committees  were  submitted  as  follows  : 

From  the  Committee  on  the  Judicial  Department: 

By  Mr.  Bennett,  O.  No.  136 :  An  ordinance  to  amend  sec- 
tions 1  and  2,  article  5,  of  the  Constitution,  with  a  recommen- 
dation that  it  be  referred  to  the  Committee  on  Revenue,  Tax- 
ation and  the  Public  Debt.     The  ordinance  was  so  referred  ; 

O.  No.  95 :  An  ordinance  to  make  the  homestead  a  fee  sim- 
ple, with  a  recommendation  that  it  do  not  pass,  the  committee 
being  unanimous  in  the  opinion  that  the  Convention  is  forbid- 
den to  consider,  debate,  adopt  or  propose  any  amendment 
touching  the  homestead  ; 

O.  No.  129:  An  ordinance  to  amend  article  4  of  the  Con- 
stitution ;  O.  NTo.  9 :  An  ordinance  to  amend  articled;  and 
R.  No.  81 :  A  resolution  to  strike  out  section  9,  article  4,  of 
the  Constitution,  with  the  recommendation  that  they  do  not 
pass. 

From  the  Committee  on  Privileges  and  Elections: 

By  Mr.  Bunn,  a  report  in  obedience  to  R  No.  94:  A  reso- 
lution of  instruction  to  the  Committee  oh  Privileges  and  Elec- 
tions.    Placed  on  the  calendar. 

From  the  Committee  on  Education  : 

By  Mr.  Morehead,  O.  No.  72  :  An  ordinance  to  amend  arti- 
cle 9,  section  4,  of  the  Constitution,  with  the  recommendation 
that  it  do  not  pass. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  referred  or  otherwise  dis- 
posed of,  as  follows : 

By  Mr.  Bennett:  An  ordinance  to  restore  Anson  county  the 
representation  in  the  General  Assembly  of  which  it  was  de- 
prived by  the  Convention  of  1868.  To  the  Committee  on  the 
Legislative  Department. 

By  Mr.  Singeltary :  An  ordinance  for  the  election  of  solici- 


CONVENTION  OF  1875.  69 

tors  by  the  Legislature,  being  a  substitute  for  section  29,  article 
4.     To  the  Committee  on  the  Judicial  Department. 

By  Mr.  Anderson,  of  Madison  :  Resolution  to  give  Justices 
of  the  Peace  jurisdiction  in  actions  of  replevin.  To  the 
Committee  on  the  Judicial  Department  ; 

An  ordinance  to  amend  article  4,  section  17,  of  the  Consti- 
tution of  North  Carolina.  To  the  Committee  on  the  Judicial 
Department. 

By  Mr.  Badger:  An  ordinance  to  amend  section  4,  article 
9,  of  the  Constitution.     To  the  Committee  on  Education. 

By  Mr.  Jones,  of  Yadkin :  An  ordinance  in  regard  to  ad- 
journment and  per  diem.     Placed  on  the  calendar. 

By  Mr.  Kerr:  An  ordinance  to  amend  section  10,  article  1, 
of  the  Constitution.  To  the  Committee  on  a  Preamble  and 
Bill  of  Rights. 

By  Mr.  Turner  :  A  resolution  calling  the  attention  of  the 
Committee  on  the  Judiciary  to  article  4,  sections  15,  21,  22, 
29,  30  and  33,  and  the  defects  therein  contained,  and  propos- 
ing amendments.     Placed  on  the  calendar. 

By  Mr.  Goodwin :  An  ordinance  to  allow  the  county  of 
Halifax  another  member  in  the  General  Assembly  under  ex- 
isting Constitution.  To  the  Committee  on  the  Legislative 
Department ; 

An  ordinance  relating  to  the  jper  diem  and  mileage  of  the 
officers  and  members  of  this  Convention.  To  the  Select  Com- 
mittee. 

By  Mr.  Mabson  :  An  ordinance  to  allow  the  county  of 
Edgecombe  another  member  under  the  existing  Constitution 
in  the  House  of  Representatives  of  North  Carolina.  To  the 
Committee  on  the  Legislative  Department. 

By  Mr.  Buxton  :  A  resolution  requiring  the  Committee  on 
Privileges  and  Elections  to  report  on  Robeson  county  election 
without  delay.     Plaeed  on  the  calendar. 

By  Mr.  Stallings :  An  ordinance  to  alter  and  amend  article 
7,  of  the  Constitution  of  North  Carolina,  entitled  "Municipal 
Corporations."   To  the  Committee  on  Municipal  Corporations  ; 


70  -  JOURNAL  OF  THE 

An  ordiaauce  to  alter  and  amend  article  4,  of  the  Constitu- 
tion, entitled  "  Judicial  Department."  To  the  Committee  on 
the  Judicial  Department. 

By  Mr.  Justice:  Resolution  on  adjournment.  Placed  on 
the  calendar. 

By  Mr.  Shepherd  :  An  ordinance  to  give  the  county  of 
Pamlico  a  representative.  To  the  Committee  on  the  Legisla- 
tive Department. 

By  Mr.  Spake  :  An  ordinance  to  amend  section  5,  article  6, 
of  the  Constitution.  To  the  Committee  on  a  Preamble  and 
Bill  of  Ptights. 

By  Mr.  Massey :  An  ordinance  to  amend  section  5,  article 
7,  of  the  Constitution.  To  the  Committee  on  Municipal  Cor- 
porations. 

By  Mr.  Redwine:  An  ordinance  to  amend  article  4,  of  the 
Constitution.  To  the  Committee  en  the  Judicial  Depart- 
ment. 

By  Mr.  Robbins  :  An  ordiuanca  to  amend  section  7,  article 
11,  of  the  Constitution.  To  the  Committee  on  Punishments, 
Penal  Institutions  and  Public  Charities. 

The  consideration  of  the  unfinished  business  of  yesterday 
being  in  order,  the  Convention  proceeded  to  the  consideration 
of  Ordinance  No.  148,  an  ordinance  to  provide  for  the  pay- 
ment of  the  per  diem  and  mileage  of  the  officers,  members 
and  employees  of  this  Convention. 

The  ordinance  was  read  the  second  time. 

Mr.  Badger  offered  an  amendment. 

Pending  its  consideration,  Mr.  Robbins  moved  to  lay  the 
"bill  upon  the  table. 

The  motion  to  table  prevailed. 

Mr.  Wilcox  moved  to  suspend  the  rules  and  take  up  a  reso- 
lution introduced  by  himself  relative  to  the  appointment  of  a 
select  committee  to  report  an  ordinance  on  the  per  diem  and 
mileage  of  members  and  officers  of  this  Convention. 

The  motion  prevailed,  and  the  resolution  was  adopted. 

On  motion  of  Mr.  Boyd,  ordinance  No.  148 :  An  ordinance 


CONVENTION  OF  1875.  71 

to  provide  for  the  payment  of  the  per  diem  and  mileage  of  the 
officers,  members  and  employees  of  this  Convention,  was  re- 
ferred to  the  select  committee  proposed  to  be  raised  by  the 
resolution  above  mentioned. 

Mr.  Bowman  moved  to  6nspend  the  rules  to  take  np  R.  No- 
66  :  Resolution  to  adjourn  sine  die. 

On  demand,  the  yeas  and  nays  were  ordered,  and  the  motion 
■did  not  prevail.     Yeas  55,  nays  56,  as  follows  : 

Yeas. — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bul- 
lock, Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dock- 
ery,  Dnla,  French,  Goodwin,  Grantham,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan, 
Justice,  Kerr,  Lehman,  Lowe,  Mabson,  Manning  of  New  Han- 
over, Massey,  McOabe,  McCanless,  McDonald,  Munden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thorne,  Tonrgee,  Wheeler,  Wilcox,  Woodfin  and  Young — 55. 

IS  ays. — Mr.  President,  Messrs.  Allison,  All  man,  Anderson 
of  Clay.  Anderson  of  Madison,  Avery,  Bennett,  Bingham, 
Bonn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Durham,  Everett,  Faison,  Farrior, 
■George,  Green,  Harrington,  Hassel,  Henderson,  Jarvis,  Jones 
-of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Marshall,  McCorkle, 
McEachin,  Morehead,  Neal,  Nicholson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Ramley, 
Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Strowd,  Summers,  Turner,  Watts,  Wilson  and  Withers 
—56. 

Mr.  Buxton  moved  to  suspend  the  rules  and  take  up  R.  No. 
167 :  A  resolution  reqwiring  the  Committee  on  Privileges  and 
Elections  to  report  on  the  Robeson  county  election  without 
delay. 

The  yeas  and  nays  being  demanded,  the  motion  did  not  pre- 
vail, yeas  54,  nays  55,  as  follows  : 

Yeas — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 


72  JOURNAL  OF  THE 

Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dockery,  Dula, 
French,  Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge, 
Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice, 
Kerr,  Lehman,  Lowe,  Mabson,  Manning  of  New  Hanover, 
Massey,  McCabe,  McCanless,  McDonald,  Mnnden,  Nowell, 
O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor,  Thome,  Tour- 
gee,  Wheeler,  Wilcox,  Woodfin  and  Young — 54. 

Nats — Messrs.  Allison,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Barringer,  Bennett,  Bingham, 
Bunn,Byrd,  Garter,  Clingman,  Coleman,  Cooper,  Cowell,  Cun- 
ningham, Dobson,  Everett,  Faison,  Farrior,  George,  Green, 
Harrington,  Hassel,  Henderson,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Love,  Marshall,  McCorkle,  McEachin, 
Morehead,  Neal,  Nieholson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Strowd, 
Summers,  Turner,  Watts,  Wilson  and  Withers — 55. 

Mr.  Barringer  moved  to  reconsider  the  vote  just  had. 

Mr.  Manning,  of  Chatham,  moved  to  lay  that  motion  'on  the 
table. 

The  yeas  and  nays  being  demanded,  the  motion  to  lay  on  the 
table  prevailed.     Yeas  56,  nays  55,  as  follows  : 

Yeas — Mr.  President,  Messrs.  Allison,  Allman,  Anderson 
of  Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham, 
Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Durham,  Everett,  Faison,  Farrior, 
George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones 
of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Marshall,  McCorkle, 
McEachin,  Morehead,  Neal,  Nicholson,  Price,  Red  wine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Strowd,  Summers,  Turner,  Watts,  Wilson  and  Withers 
—56. 

Nays — Messrs.  Albertaon,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bul- 
lock,  Buxton,    Bryan,    Cary,    Chamberlain,    Crosby,    Davis, 


CONVENTION  OF  1875.  73 

Dockery,  Dula,  French.  Goodwin,  Grantham,  Hampton,  Hm- 
nant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin,. 
Jordan,  Justice,  Kerr,  Lehman,  Lowe,  Mabson,  Manning  of 
New  Hanover,  Massey,  McCabe,  McCanless,  McDonald, 
Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,. 
Taylor,  Thorne,  Tonrgee,  "Wheeler,  "Wilcox,  "Woodfin  and 
Young — 55. 

The  consideration  of  ordinances  on  third  reading  being  in 
order,  the  Convention  proceeded  to  the  consideration  of  O^ 
No.  64:  An  ordinance  in  relation  to  the  compensation  of 
members  of  the  General  Assembly. 

The  bill  was  read  the  third  time. 

Mr.  Yaughan  offered  to  amend  by  striking  out  all  of  said 
section  down  to  and  including  the  word  "  compensation,"  in, 
the  ninth  line,  and  insert  the  following  :  "  The  General  As- 
sembly may  fix  their  own  compensation,  but  in  no  care  shall 
the  pay  of  a  member  exceed  three  hundred  dollars  during  their 
term  of  office,  and  mileage  not." 

Pending  its  consideration,  Mr.  Chamberlain  moved  to  lay 
the  bill  on  the  table. 

A  division  was  called  for,  and  the  motion  did  not  prevail. 

The  question  recurring  on  the  amendment  offered  by  Mr.. 
Yaughan,  the  yeas  and  nays  were  ordered,  and  the  amendment, 
did  not  prevail.     Yeas  44,  nays  62,  as  follows : 

Yeas — Messrs.  Albertson,  Anderson  of  Clay,  Badger,  Bar- 
ringer,  Barrow,  Bean,  Bingham,  Black,  Bliven,  Blocker,  Boyd,. 
Bullock,  Buxton,  Cary,  Crosby,  Davis,  Dobson,  Everett,. 
French,  Goodwin,  Grantham,  Hodge,  Hoffman,  Holton,  Hor- 
ton, Justice,  Lowe,  Mabson,  Manning  of  New  Hanover,  Mc- 
Cabe, McDonald,  Munden,  Neal,  Nowell,  O'Hara,  Spake,. 
Taylor,  Thorne,  Tourgee,  Yaughan,  Wilcox,  Wilson,  Woodfin. 
and  Young — 44. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Madison,. 
Avery,  Bateman,  Bennett,  Bowman,  Bunn,  Bryan,  Byrd,  Car- 
ter, Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell,  Cun- 
ningham, Dockery,  Durham,  Faison,  Farrior,  George,  Green,, 


74  ;  JOURNAL  OF  THE 

Hampton,  Harrington,  Hassel,  Henderson,  Hinnant,  Jarvis, 
•Jones  of  Caldwell,  Jones  of  Yadkin,  Jordan,  King  of  Pitt, 
Kirby,  Lehman,  Love,  Marshall,  Massey,  McCanless,  Mc- 
■Corkle,  McEachin,  Morehead,  Nicholson,  Page,  Price,  Red, 
wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates, 
Scott  of  Jones,  Scott  of  Onslow.  Shepherd,  Shober,  Sinclair, 
Singeltary,  Strowd,  Summers,  Turner,  Watts,  Wheeler  and 
Withers— 62. 

Mr.  Allman  offered  an  amendment  in  the  nature  of  a  sub- 
stitute. 

Mr.  Tourgee  offered  an  amendment  to  this  amendment. 

Mr.  Love  moved  to  re-commit  the  bill. 

The  yeas  and  nays  being  demanded,  the  motion  did  not  pre- 
vail, yeas  48  nays  55,  as  follows  : 

"Yeas — 'Messrs.  Albertson,  Badger  Barringer,  Bean,  Bell, 
Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Crosby,  Davis,  Dockery,  Dnla,  Goodwin,  Grant- 
ham, Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton, 
•Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  Love,  Lowe,  Mabson, 
Manning  of  New  Hanover,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Munden,  O'Hara,  Page,  Scott  of  Jones,  Taylor, 
Thorne,  Wilcox,  Wilson  and  Young — 48. 

Nats — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bateman,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Chamberlain,  Clingman,  Coleman,  Cooper, 
'Cowell,  Cunningham,  Dobson,  Durham,  Everett,  Faison, 
Farrior,  French,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Lehman, 
Marshall,  McCorkle,  McEichin,  Morehead,  Neal,  Nicholson, 
Nowell,  Price,  Redwine,  Reid,  Robbine,  Roberts  of  Davidson, 
"Roberts  of  Gates,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
'Singeltary,  Spake,  Strowd,  Summers,  Turner,  Watts,  Wheeler, 
Withers  and  Woodfin — 55. 

On  motion,  the  Convention  adjourned  until  to  morrow  at 
110  A.  M. 


CONVENTION  OF  1875.  75 

TENTH  DAT. 

Thursday,  September  16,  1875. 

The  Convention  met  pursuant  to  adjournment,  at  10  A.  M., 
the  President  in  the  chair. 

Prayer  was  offered  by  Rev.  M.  M.  Marshall. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  King,  of  Pitt,  from  Saturday  until  Wednesday  next. 

To  Mr.  Jordan,  from  Saturday  until  Wednesday  next. 

To  Mr.  Tourgee,  from  tomorrow  until  Monday  next. 

The  Chair  designated  Messrs.  Wilcox,  Wilson,  Badger,  Byrd. 
and  McCabe,  as  the  select  committee  on  jper  diem  and  mileage 
of  the  Convention. 

Reports  from  standing  committees  were  submitted  as 
follows : 

From  the  Committee  on  the  Judicial  Department  : 

By  Mr.  Bennett :  Resolutions  Nos.  120,  11  and  6,  touching 
amendments  to  article  4,  section  12,  of  the  Constitution,  with 
accompanying  substitute. 

From  the  Committee  on  the  Legislative  Department: 

By  Mr.  Clingman  :  A  report  recommending  certain  amend- 
ments to  article  2  of  the  Constitution.  Placed  on  the  cal- 
endar ; 

O.  No.  22  :  An  ordinance  to  abolish  the  Senate  of  North 
Carolina,  with  the  recommendation  that  it  do  not  pass; 

O.  No.  156  :  An  ordinance  to  prescribe  an  oath  to  members 
of  the  General  Assembly,  with  the  recommendation  that  it  do 
not  pass; 

O.  No.  151  :  An  ordinance  to  amend  section  25,  article  2, 
of  the  Constitution,  with  accompanying  amendment; 

R.  No.  49  :  Resolution  to  amend  section  15,  article  11,  of 
the  Constitution,  with  the  recommendation  that  it  do  not  pass; 

R.   No.    80 :  Resolution    proposing   t©    amend    section    9, 


76  JOURNAL  OF  THE 

article  3  of  the  Constitution,  with  the  recommendation  that  it 
do  not  pass. 

Mr.  Wilcox,  from  the  select  committee  on  per  diem  and 
mileage  of  this  Convention,  submitted  a  report,  which  was 
placed  upon  the  calendar. 

Mr.  Wilcox  moved  to  suspend  the  rules  and  put  the  resolu- 
tion offered  by  the  committee  upon  its  adoption. 

The  motion  to  suspend  the  rules  prevailed. 

Mr.  Manning,  of  Chatham,  offered  an  amendment. 

Mr.  Boyd  moved  to  re-commit  the  bill.  The  motion  pre- 
vailed. 

Mr.  Manning,  of  Chatham,  submitted  a  report  from  the 
Committee  on  Rules,  proposing  certain  amendments  to  the 
rules  of  order. 

The  amendments  proposed  were  adopted. 

The  following  ordinances  and  resolutions  were  introduced, 
passed  the  first  time,  and  referred  or  otherwise  disposed  of,  as 
follows  : 

By  Mr.  Price  :  An  ordinance  to  amend  article  13,  section  2, 
©f  the  Constitution.  To  the  Committee  on  the  Legislative 
Department. 

By  Mr.  Reid  :  An  ordinance  to  amend  section  9,  article  7, 
of  the  Constitution.  To  the  Committee  on  Municipal  Corpo- 
rations ; 

A  resolution  to  require  twelve  months'  residence  in  the 
county  as  a  qualification  for  voters.  To  the  Committee  on 
Suffrage  and  Eligibility  to  Office. 

By  Mr.  Green  :  A  resolution  to  amend  article  4,  section  4, 
of  the  Constitution.  To  the  Committee  on  the  Judicial  De- 
partment. 

By  Mr.  Cooper :  A  resolution  to  fix  the  salaries  of  Judges 
of  the  Superior  Courts  at  $2,000  per  annum.  To  the  Com- 
mittee on  the  Executive  Department; 

A  resolution  to  allow  the  county  of  Graham  a  representa- 
tive.    To  the  Committee  on  the  Legislative  Department. 

By  Mr.  Turaer:  A  resolution  instructing  the  Committee  on 


CONVENTION  OF  1875.  77 

the  Executive  Department  to  amend,  make  certain  and  definite 
I  divers  sections  of  the  Constitution  therein  pointed  out.  To 
!  the  Committee  on  the  Executive  Department. 

Resolution   instructing   the   Committee  on  Municipal  Cor- 
porations  to  consider  the  propriety  of  amending   divers  and 
;  sundry  inconsistent  and  contradictory  sections  of  the  Consti- 
|  tution  herein  pointed  out.     To  the  Committee  on  Municipal 
I   Corporations. 

Resolution  instructing  the  Committee  on  Education  to  so 
amend  section  2,  article  9,  as  to  clear  it  of  all  doubt,  and  to 
cure  the  contradiction  to  be  found  in  sections  10  and  11  of  ar- 
ticle 11.     To  the  Committee  on  Education. 

Resolution  proposing  to  amend  sections  9,  10  and  13,  of  ar- 
ticle 2,  of  the  Constitution,  to  make  clear  that  which  is  doubt- 
ful and  unmeaning  in  these  sections.  To  the  Committee  on 
the  Legislative  Department. 

By  Mr.  Buxton :  Resolution  to  define  the  duties  of  the 
Committee  on  Revision.     Placed  on  the  calendar. 

By  Mr.  Hinnant:  An  ordinance  to  amend  article  9,  sections  \ 
4  and  7,  of  the  Constitution.  To  the  Committee  on  Education. 

The  unfinished  business  of  yesterday  being  in  order,  the 
Convention  proceeded  to  the  consideration  of  ordinance  in  re- 
lation to  the  compensation  of  the  members  of  the  General 
Assembly. 

The  ordinance  was  read  the  third  time. 

The  question  recurred  on  the  amendment  proposed  by  Mr. 
Tourgee  to  the  substitute  by  Mr.  Allman. 

Pending  its  consideration,  Mr.  Clingman  called  the  previous 
question. 

The  call  was  sustained. 

By  unanimous  leave,  Mr.  Bowman  offered  an  amendment 
to  the  ordinance. 

The  question  recurred  first  upon  Mr.  Tourgee's  amendment 
to  the  substitute. 

The  yeas  and  nays  being  demanded,  the  amendment  did 
not  prevail,  yeas  33,  nays  74,  as  follows : 


78  JOURNAL  OF  THE 

Yeas — Messrs  Barringer,  Barrow,  Bean,  Bell,  Black, 
Bliven,  Bullock,  Chamberlain,  Davis,  Dockery,  French,  Good- 
win, Grantham,  Hampton,  Hodge,  Hoffman,  Hoi  ton,  Justice, 
Kerr,  Lowe,  Mabson,  Man  nix,  Manning  of  New  Hanover, 
McCabe,  McDonald,  Munden,  Nowell,  O'Hara,  Page.  Smythe, 
Thorne,  Tourgee  and  Young — 33. 

Nays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Bateman,  Bennett,  Bing- 
ham, Blocker,  Bowman,  Boyd,  Bunn,  Buxton,  Bryan,  Byrd, 
Cary,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Crosby, 
Cunningham,  Dobson,  D^ula,  Everett,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassell,  Henderson,  Hinnant,  Horton, 
Jarvis,  Jones  of  Caldwell,  Jordan,  King  of  Pitt,  Kirby,  Leh- 
man, Love,  Manning  of  Chatham,  Marshall,  Massey,  McCan- 
less,  MeCorkle,  McEachin,  Morehead,  Weal,  Nicholson,  Price, 
Redwine,  Reid,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Spake,  Strowd,  Summers,  Taylor,  Turner, 
Watts,  Wilcox,  Wilson,  Withers  and  Woodfln— 74. 

The  question  then  recurred  upon  the  amendment  proposed 
by  Mr.  .Bowman. 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail.     Yeas  15,  nays  93,  as  follows  : 

Yeas — Messrs.  Bowman,  Bryan,  Dockery,  Dula,  Hampton, 
Hinnant,  Hoffman,  Holton,  Jones  of  Yadkin,  Jordan,  Mannix, 
Mc^anless,  Munden,  Taylor  and  Wheeler — 15. 

Nays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Barringer,  Barrow,  Bate- 
man, Bean,  Bell,  Bennett,  Bingham,  Black,  Bliven,  Blocker, 
Boyd,  Bullock,  Bunn,  Buxton,  Byrd,  Cary,  Carter,  Chamber- 
lain, Clingman,  Coleman,  Cooper,  Cowell,  Crosby,  Cunning- 
ham, Davis,  Dobson,  Everett,  Farrior,  French,  George,  Good- 
win, Grantham,  Green,  Harrington,  Hassel,  Henderson, 
Hodge,  Horton,  Jarvis,  Jones  of  Caldwell,  Justice,  Kerr, 
King  of  Pitt,  Kirby,  Lehman,  Love,  Lowe,  Mabson,  Manning 
of  Chatham,  Manning  of   New  Planover,  Marshall,  Massey, 


CONVENTION  OF  1875.  79- 

McCabe,  McCorkle,  McDonald,  McEachin,  Morehead,  Neal, 
Nicholson,  Nowell,  O'Hara,  Page,  Price,  Redwine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott 
of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Sin- 
geltary,  Smythe.  Spake,  Strowd,  Summers,  Thorne,  Tourgee, 
Yaughan,  Watts,  Wilcox,  Wilson,  Withers  and  Young — 93. 

The  question  next  recurred  upon  the  substitute  fur  the  ordi- 
nance proposed  by  Mr.  Allman. 

The  yeas  and  nays  were   demanded,  and  the  substitute  was 
adopted,  yeas  83,  nays  26,  as  follows  : 

Yeas— Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bennett,  Bingham,  Black,  Bliven,  Blocker,  Boyd, 
Bullock,  Bunn,  Buxton,  Byrd,  Carter,  Chamberlain,  Cling- 
man,  Coleman,  Cooper,  Cowell,  Crosby,  Cunningham,  Davis, 
Dobson,  Dockery,  Everett,  Faison,  Farrior,  French,  George, 
Green,  Harrington,  Hassel,  Henderson,  Hinnant,  Hodge, 
Florton,  Jarvis,  Jones  of  Caldwell,  Jones  of  Yadkin,  Justice, 
Kerr,  King  of  Pitt,  Kirby,  Lowe,  Manning  of  Chatham,  Mar- 
shall, Massey,  McCorkle,  McDonald,  McEachin,  Morehead, 
Neal,  Nicholson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Smythe,  Spake,  Strowd, 
Summers,  Yaughan,  Watts,  Wilcox,  Wilson,  Withers  and 
Woodfin— 83. 

Nays — Messrs.  Bell,  Bowman,  Bryan,  Cary,  Dnla,  Goodwin, 
Grantham,  Hampton,  Hoffman,  Holtmi,  Jordan,  Lehman, 
Mabson,  Mannix,  Manning  of  New  Hanover,  McCabe,  Mc- 
Canless,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Taylor,  Thorne, 
Tourgee,  Wheeler  and  Young — 26. 

Mr.  Munden  was  paired  with  Mr.  Love. 

The  ordinance  then  passed  the  third  time.  Yeas  83,  nays 
27,  as  follows  : 

Yeas — Mr.  President,  Messrs.  Albertson,  Allison,  Allman, 
Anderson  of  Clay,  Anderson  of  Madison,  Avery,  Barringer, 
Barrow,  Bateman,   Bean,   Bennett,   Bingham,    Black,  Bliven7 


80  JOURNAL  OF  THE 

Blocker,  Bowman,  Boyd,  Bunn,  Buxton,  Byrd,  Carter,  Cling- 
man,  Coleman,  Cooper,  Cowell,  Cunningham,  Davis  Dobson, 
Dockery,  Dnla,  Everett,  Faison,  Farrior,  French,  George, 
Green,  Harrington,  Hassell,  Henderson,  Hinnant,  Holton, 
Horton,  Jarvis,  Jones  of  Caldwell,  Jordan,  Kerr,  King  of 
Pitt,  Kirby,  Lowe,  Manning  of  Chatham,  Marshall,  Massey, 
McCorkle,  McEachin,  Morehead,  Neal,  Nicholson,  Price,  Red- 
wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates, 
Rnmley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singel- 
tary,  Smythe,  Spake,  Strowd,  Summers,  Vaughan,  "Watts, 
Wheeler,  Wilcox,  Wilson,  Withers,  Woodfln  and  Young — 82. 

Nats — Messrs.  Bell,  Blocker,  Bryan,  Cary,  Chamberlain, 
Crosby,  Goodwin,  Grantham,  Hampton,  Hodge,  Hoffman, 
Jones  of  Yadkin,  Justice,  Lehman,  Mabson,  Mannix,  Man- 
ning of  New  Hanover,  McCabe,  McCanless,  McDonald, 
N~owell,  O'Hara,  Page,  Scott  of  Jones,  Taylor,  Thorne 
and  Tonrgee — 27. 

The  following  resolutions,  reported  as  correctly  enrolled  by 
the  Committee  on  Enrolled  Bills,  were  duly  ratified  in  open 
Convention : 

Resolution  concerning  the  Senate  and  House  Libraries ; 

Resolution  to  raise  a  committee  on  contingent  expenses,  and 
to  authorize  the  President  to  draw  on  the  Treasurer  for  con- 
tingent funds; 

Resolutions  on  the  death  of  Hon.  William  A.  Graham. 

Resolutions  ot  instruction  to  the  Librarian. 

The  consideration  of  General  Orders  being  in  order,  the 
Convention  proceeded  to  consider  the  report  of  the  Judicial 
■Committee  on  ordinances  and  resolutions  proposing  to  amend 
section  8,  artiele  4. 

The  report  of  the  committee  was  adopted  as  a  substitute  for 
the  ordinances  and  resolutions  embraced  within  the  report, 
and  numbered  1,  4,  7,  8,  12,  13  and  16. 

The  ordinance  was  then  read  the  second  time. 

Fending  its  consideration,  Mr.   Badger  moved  to  postpone 


CONVENTION  OF  1S75.  81 

the  ordinance  until  11:30  A.  M.  to-morrow,  and  make  it  the 
special  order  for  that  hour. 

The  motion  prevailed. 

The  Convention  adjourned  until  to-morrow  at  10  A.  M. 


ELEVENTH  DAT. 

Friday,  September  17,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
chair. 

Prayer  was  said  by  Rev.  Mr.  Jurney. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Holton,  Mr.  Bullock,  Mr.  Cunningham,  Mr.  Stal- 
lings,  until  Monday  next; 

To  Mr.  Avery,  Mr.  Dockery,  Mr.  Lehman,  Mr.  McCabe, 
Mr.  Shepherd,  Mr.  Roberts  of  Gates,  Mr.  Manning  of  New 
Hanover,  Mr.  Kirby  and  Mr.  Blocker,  until  Tuesday  next; 

To  Messrs.  Taylor  and  Page,  indefinite  leave; 

To  Mr.  Black  and  Mr.  Marshall,  Monday,  Tuesday  and 
Wednesday  of  next  week  ; 

To  Mr.  Wheeler  and  Mr.  Massey,  one  day. 

The  delegates  to  whom  leave  of  absence  was  granted,  paired 
off  as  follows  : 

Mr.  Holton  with  Mr.  Bingham  ; 

Mr.  Taylor  with  Mr.  Strowd  ; 

Mr.  Dockery  with  Mr.  Jarvis ; 

Mr.  Lehman  with  Mr.  Shepherd  ; 

Mr.  Roberts  of  Gates  with  Mr.  Manning  of  New  Hanover  ;. 

Mr.  Cunningham  with  Mr.  Bullock; 

Mr.  Stallings  with  Mr.  Faircloth  ; 
6 


82  JOURNAL  OF  THE 

Mr.  Black  with  Mr.  Marshall ; 

Mr.  Avery  with  Mr.  Barringer. 

Mr.  Bennett  from  the  Committee  on  the  Judicial  Depart- 
ment, submitted  a  report  on  O.  No.  17:  An  ordinance  to  re- 
move the  disabilities  of  William  W.  Holden,  with  the  recom- 
mendation that  it  do  not  pass. 

Mr.  Wilcox,  from  the  Select  Committee,  submitted  an  ordi- 
nance for  the  payment  of  the  mileage  and  per  diem  of  the 
officers,  members  and  employees  of  this  Convention.  Placed 
upon  the  calendar. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  referred  or  otherwise  dis- 
posed of,  as  follows  : 

By  Mr.  Jarvis:  An  ordinance  to  amend  section  6,  article  1, 
of  the  Constitution.  To  the  Committee  on  Preamble  and  Bill 
of  Bights. 

By  Mr.  Turner:  Resolution  relating  to  the  exchange  of 
bonds  between  the  State  and  the  Chatham  Railroad  corpora- 
tion.    To  the  Committee  on  Miscellaneous  Provisions. 

By  Mr.  Barringer  :  An  ordinance  to  amend  section  24,  arti- 
cle 1,  of  the  Constitution,  relative  to  carrying  concealed 
weapons.  To  the  Committee  on  Preamble  and  Bill  of  Rights. 

By  Mr.  Wheeler  :  An  ordinance  to  amend  article  7  of  the 
Constitution,  to  abolish  the  registration  of  electors,  and  to  al- 
low electors  to  vote  at  any  election  precinct  in  the  county  in 
which  they  reside.  To  the  Committee  on  the  Legislative 
Department  ; 

An  ordinance  to  amend  section  7,  article  6,  of  the  Constitu- 
tion, to  prevent  the  township  board  of  trustees  assessing  their 
own  property.  To  the  Committee  on  Revenue,  Taxation  and 
the  Public  Debt; 

An  ordinance  to  provide  for  the  working  of  public  roads  by 
taxation.  To  the  Committee  on  Revenue,  Taxation  and  the 
Public  Debt ; 

An  ordinance  to  prohibit  the  payment  of  the  public  debt,  or 
any  part  thereof,  until  a  bill  providing  for  the  payment  of  the 


CONVENTION  OF  1875.  83 

same,  shall  have  passed  the  General  Assembly,  and  have  been 
submitted  to  and  received  the  sanction  of  a  majority  of  the 
voters  of  the  State.  To  the  Committee  on  Revenue,  Taxa- 
tion a^d  the  Public  Debt. 

By  Mr.  Henderson  :  An  ordinance  to  submit  to  the  people 
the  amendments  to  the  Constitution  adopted  by  this  Conven- 
tion.    To  the  Committee  on  Revision. 

By  Mr.  Young  :  Resolution  of  adjournment  sine  die.  Laid 
over  under  the  rules. 

At  11:30  A.  M.,  the  Chair  announced  the  special  order  for 
that  hour,  to-vvit :  Report  of  the  Judicial  Committee  on  ordi- 
nances and  resolutions  proposing  to  amend  section  8,  article 4. 

The  ordinance  proposed  by  the  committee  was  read  the 
second  time. 

Pending  its  consideration,  Mr.  Manning,  of  Chatham,  called 
the  previous  question. 

The  yeas  and  nays  being  demanded,  the  call  was  sustained. 
Yeas  52,  nays  49,  as  follows : 

Yeas. — Messrs.  Allison,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Bennett,  Bunn,  Byrd,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Dobson,  Everett,  Faison, 
Farrior,  George,  Green,  Harrington,  Hassell,  Henderson, 
Hinnant,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love, 
Manning  of  Chatham,  Marshall,  McCorkle,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Sum- 
mers, Turner,  Watts  and  Wilson — 52. 

Nats. — Messrs.  Albertson,  Barringer,  Barrow,  Bateman, 
Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dula,  French, 
Goodwin,  Grantham,  Hampton,  Hodge,  Hoifman,  Horton, 
Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir, 
Lehman,  Lowe,  Mabson,  Man  nix,  Manning  of  New  Hanover, 
Massey,  McCabe,   McCanless,  McDonald,   Munden,   Nowell, 


84  JOURNAL  OF  THE 

O'Hara,  Scott  of  Jones,  Smythe,    Thorne,   Wheeler,  Wilcox, 
Woodfin  and  Young — 49. 

Messrs.  Badger,  Bingham,  Bullock,  Cunningham,  Dixon, 
Dockery,  Durham,  Faircloth,  Holton,  Jarvis,  Stallings, 
Strowd,  Taylor,  Tourgee,  Yaughan  and  Withers  were 
paired  off. 

The  question  then  recurred  on  the  passage  of  the  ordinance 
©n  its  second  reading. 

The  yeas  and  nays  being  demanded,  it  passed  the  second 
time.     Yeas  65,  nays  35,  as  follows  : 

Yeas — Messrs.  Allison,  All  man,  Anderson  of  Clay,  Ander- 
son ot  Madison,  Avery,  Bean,  Bennett,  Bowman,  Bunn,  Bryan 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dubson,  Dula,  Everett,  Faison,  Farrior,  George,  Green, 
Hampton,  Harrington,  Hassell,  Henderson,  Hinnant,  Jones 
of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Lowe,  Manning  of 
Chatham,  Marshall,  Massey,  McCanless,  McCorkle,  McEachin, 
Morehead,  Motz,  Keal,  Nicholson,  Price,  Red  wine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Summers,  Turner,  Watts,  Wheeler,  Wilcox, 
Wilson  and  Woodfin — 65. 

Nays — Messrs.  Albertson,  Barringer,  Barrow,  Bateman, 
Bell,  Black,  Bliven,  Blocker,  Boyd,  Buxton,  Cary.  Chamber- 
lain, Crosby,  Davis,  French,  Goodwin,  Grantham,  Hodge, 
Horton,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman, 
Mabson,  Mannix,  Manning  of  New  Hanover,  McCabe,  Mc- 
Donald, Munden,  Nowell,  O'Hara,  Smythe,  Thorne  and 
Young — 35. 

Delegates  were  paired  as  in  the  previous  ballot. 

Mr.  Scott,  of  Jones,  moved  to  reconsider  the  vote  just  had. 

Mr.  Morehead  moved  to  lay  that  motion  upon  the  table. 

The  motion  to  table  prevailed. 

Mr.  French  moved  to  suspend  the  rules,  in  order  to  take  up 
the  ordinance  on  per  diem  and  mileage  of  the  Convention. 


CONTENTION  OF  1875.  85 

The  yeas  and  nays  being  ordered,  the  motion  did  not  pre- 
vail.    Yeas  49,  nays  50,  as  follows  : 

Yeas — Messrs.  Albertson,  Barringer,  Barrow,  Bateman, 
Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dula,  French, 
Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman, 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Le- 
noir, Lehman,  Lowe,  Mabsou,  Mannix,  Manning  of  New  Han- 
over, Massey,  McCabe,  McCanless,  McDonald,  Munden,  Now- 
ell,  O'Hara,  Scott  of  Jones,  Smythe,  Thorne,  Wilcox,  Wood- 
en and  Young — 49. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Bennett,  Bunn,  Byrd,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,Dobson,  Everett,  Faison, 
Earrior,  George,  Green,  Harrington,  Hassell,  Henderson, 
Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of 
Chatham,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Price,  Redwine,  Reid,  Rubbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Scott  of  Onslow,  Shepherd,  Sho- 
ber,  Sinclair,  Singeltary,  Summers,  Turner,  Watts,  Wheeler 
and  Wilson — 50. 

Delegates  were  paired  as  in  the  previous  ballots. 

Mr.  Badger  moved  to  suspend  the  rules  and  take  up  Ordi- 
nance No.  17  :  An  ordinance  to  remove  the  disabilities  ot 
William  W.  Holden. 

The  motion  prevailed,  and,  on  motion  of  Mr.  Badger,  the 
ordinance  was  made  the  special  order  for  12  M.,  next  Wed- 
nesday. 

Ordinances  and  resolutions  on  second  reading-  were  acted 
on,  as  follows  : 

O.  No.  9  :  Ordinance  to  amend  article  4  of  the  Constitu- 
tion of  North  Carolina. 

Mr.  Avery  moved  to  postpone  until  Tuesday. 

Mr.  Chamberlain  moved  to   lay  the  ordinance  on  the  table. 

The  motion  to  table  prevailed. 


86  JOURNAL  OF  THE 

R.  No.  81 :  Resolution  proposing  to  strike  out  section  9, 
article  4,  of  the  Constitution. 

On  motion  of  Mr.  Chamberlain,  the  resolution  was  laid 
upon  the  table. 

O.  No.  129:  Ordinance  to  amend  article  4  of  the  Constitu- 
tion. 

Mr.  Badger  moved  to  lay  the  ordinance  on  the  table.  The 
yeas  and  nays  were  ordered,  and  the  motion  did  not  prevail^ 
yeas  36,  nays  62,  as  follows  : 

Yeas — Messrs.  Bean,  Black,  Buxton,  Bryan,  Cary,  Cham- 
berlain, Crosby,  Davis,  Dobson,  French,  Goodwin,  Grantham,, 
Hampton,  Hinnant,  Hodge,  Hoffman,  Horton,  Jordan,  Jus- 
tice, Kerr,  King  of  Lenoir,  King  of  Pitt,  Lehman,  Love,  Mab- 
son,  Mannix,  Massey,  McCabe,  McCanless,  McDonald,  Mun- 
den,  Nowell,  Price,  Scott  of  Jones,  Smythe  and  Young — 36. 

Nays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Barringer,  Barrow,  Bate- 
man,  Bell,  Bliven,  Blocker,  Bowman,  Boyd,  Byrd,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Dula,  Everett,  Faison, 
George,  Green,  Harrington,  Hassell,  Henderson,  Jones  of 
Caldwell,  Jones  of  Yadkin,  Kirby,  Lowe,  Manning  of  Chat- 
ham, Manning  of  New  Hanover,  Marshall,  McCorkle,  Mc- 
Eachin,  Morehead,  Motz,  Neal,  Nicholson,  O'Hara,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Summers,  Thorne,  Turner,  Watts,  Wheeler,  Wilcox, 
Wilson  and  Woodfin— 62. 

On  motion  of  Mr.  Avery,  the  ordinance  was  made  the 
special  order  for  Tuesday  next  at  12  M. 

O.  No.  22  :  An  ordinance  to  abolish  the  Senate  of  North 
Carolina. 

Laid  upon  the  table  on  motion  of  Mr.  Chamberlain. 

R.  No.  49  :  A  resolution  to  amend  section  15,  article  2,  of 
the  Constitution  of  North  Carolina.  Laid  upon  the  table  on 
motion  of  Mr.  Robbins. 

O's.  No.  28,  29  and  44:    Ordinances  to  amend  section  3  of 


CONVENTION  OF  1875.  87 

article  9  of  the  Constitution,  providing  for  separate  schools  for 
the  white  and  colored  races. 

The  ordinances  were  read  the  second  time. 

The  question  recurring  upon  the  substitute  offered  by  the 
Committee  on  Education,  it  was  adopted. 

Pending  its  consideration,  Mr.  Young  moved  to  postpone 
the  further  consideration  of  the  ordinance  until  Thursday  next 
at  12  M.,  and  make  it  the  special  order  for  that  hour.  The 
motion  prevailed. 

The  Convention  then  adjourned  until  to-morrow  at  10  A.  M. 


TWELFTH  DAY. 

Saturday,  September  18,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  said  by  Eev.  Mr.  Hassell. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows: 

To  Messrs.  Sinclair  and  McDonald,  until  Tuesday; 

To  Messrs.  Grantham  and  George,  until  Tuesday  ; 

To  Mr.  Blocker  until  Monday  ; 

To  Mr.  Hinnant  for  to-day; 

To  Mr.  O'Hara  until  Wednesday  ; 

To  Mr.  Scott,  of  Jones,  until  Monday  evening; 

To  Mr.  Jones,  of  Yadkin,  for  one  week,  beginning  from 
next  Monday ; 

To  Mr.  Hill,  Sergeant-at-Arms,  indefinite  leave. 

Delegates  paired  off  as  follows  : 

Mr.  Sinclair  with  Mr.  McDonald. 

Mr.  Grantham  with  Mr.  George. 


88  JOURNAL  OF  THE 

Mr.  Blocker  with  Mr.  King. 

Mr.  O'Hara  with  Mr.  Manning,  of  Chatham. 

Mr.  Durham  with  Mr.  McCabe. 

Mr.  Bunn  with  Mr.  Albertson. 

Mr.  William  N.  Patterson,  delegate  from  Orange,  appeared, 
presented  his  credentials,  was  sworn  in,  and  took  his  seat. 

Mr.  Clingman,  from  the  Committee  on  the  Legislative  De- 
partment, reported  the  following  ordinances  and  resolutions, 
and  asked  to  be  discharged  from,  the  further  consideration  of 
the  subjects  : 

O.  No.  25 :  An  ordinance  to  regulate  the  per  diem  and 
mileage  of  members  of  the  General  Assembly ; 

R.  No.  114:  A  resolution  to  alter  section  29,  article  17,  of 
the  Constitution  of  North  Carolina ; 

O.  No.  S3 :  An  ordinance  to  amend  article~2,  section  27,  of 
the  Constitution ; 

O.  No.  84:  An  ordinance  to  amend  article  2,  section  29,  of 
the  Constitution  ; 

O.  No.  141 :  An  ordinance  to  amend  article  2  of  the  Con- 
stitution, changing  the  time  of  meeting  of  the  General  As- 
sembly, &c. ; 

R.  No.  21 :  A  resolution  on  the  legislative  department ; 

R.  No.  23 :  A  resolution  concerning  pay  of  the  members  of 
the  Legislature  ; 

O.  No.  20:  An  ordinance  to  amend  article  2  of  the  Consti- 
tution, fixing  the  pay  of  members  of  the  General  Assembly  ; 

O.  No.  82:  An  ordinance  to  strike  out  of  the  Constitution 
sections  4  and  8  of  article  2  thereof; 

R.  No.  70  :  A  resolution  to  amend  section  2,  article  2,  ot 
the  Constitution  of  North  Carolina. 

Mr.  Clingman,  from  the  Committee  on  the  Legislative  De- 
partment, submitted  the  following  ordinances  and  resolutions, 
with  a  recommendation  that  they  do  not  pass  : 

R.  No.  185  :  Resolution  to  allow  the  county  of  Graham  a 
representative ; 


CONVENTION  OF  1875.  89 

O.  No.  27:  An  ordinance  concerning  civil  rights  and  social 
equality  in  North  Carolina  ; 

O.  No.  162 :  An  ordinance  to  give  the  county  of  Pamlico 
a  representative  ; 

O.  No.  21  :  An  ordinance  to  amend  section  14,  article  2,  of 
the  Constitution,  abolishing  private  legislation  ; 

R.  No.  48  :  A  resolution  to  amend  section  29,  article  2,  of 
the  Constitution  ; 

O.  No.  140:  An  ordinance  to  amend  article  2  of  the  Con- 
stitution, providing  for  special  legislation  ; 

O.  No.  154:  An  ordinance  to  reduce  the  number  of  State 
Senators  to  twenty-five; 

O.  No.  150  :  An  ordinance  to  amend  section  3,  article  2,  of 
the  Constitution  ; 

O.  No.  168  :  An  ordinance  to  allow  the  county  of  Edge- 
combe another  member  of  the  House  of  Representatives  ; 

O.  No.  170  :  An  ordinance  to  allow  the  county  of  Halifax 
another  member  in  the  General  Assembly,  under  the  existing 
Constitution  ; 

O.  No.  178  :  An  ordinance  to  restore  to  Anson  county  the 
representation  in  the  General  Assembly  of  which  it  was  de- 
prived by  the  Convention  in  1868; 

R.  No.  183 :  A  resolution  proposing  to  amend  sections  9, 
10  and  13,  of  article  2,  of  the  Constitution,  to  make  clear  that 
which  is  doubtful  and  unmeaning  in  these  sections. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  disposed  of,  as  follows  : 

By  Mr.  Yaughan :  An  ordinance  to  amend  section  25, 
article  2,  of  the  Constitution.  To  the  Committee  on  the  Leg- 
islative Department. 

By  Mr.  Woodfin  :  An  ordinance  providing  the  way  the 
amendments  to  the  Constitution  shall  be  submitted  to  the 
people.     To  the  Committee  on  Amendments. 

By  Mr.  Chamberlain :  Resolution  of  instruction  to  the  Sec- 
retary of  the  Convention.     Placed  on  the  calendar. 

By  Mr.  Thorne:  An  ordinance  to   secure  an  equal  and  just 


90  JOURNAL  OF  THE 

apportionment  of  Municipal,  Legislative  and  Congressional 
Districts.     To  the  Committee  on  Amendments. 

By  Mr.  Rnmley  :  An  ordinance  to  exempt  certain  personal 
property  from  taxation.  To  the  Committee  on  Revenue, 
Taxation  and  the  Public  Debt. 

By  Mr.  Munden  :  Resolution  on  sine  die  adjournment. 
Placed  on  the  calendar. 

The  consideration  of  general  orders  being  in  order,  the  Con- 
vention proceeded  to  consider  O.  No.  . .  :  An  ordinance  to 
amend  section  8,  article  4,  of  the  Constitution,  it  being' the 
substitute  adopted  for  ordinances  Nos.  1,  4,  7,  8,  12,  13  and  16. 

The  ordinance  was  read  the  third  time. 

The  yeas  and  nays  being  ordered,  it  passed  the  third  time. 
Yeas  56,  nays  26,  as  follows: 

Yeas — Mr.  President,  Messrs.  Allman,  Anderson  of  Clay, 
Anderson  of  Madison,  Bean,  Bennett,  Bowman,  Boyd,  Bnnn, 
Bryan,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Dobson,  Dula,  Everett,  Faison,  Farrior,  Green,  Hampton, 
Harrington,  Hassell,  Henderson,  Hoffman,  Jones  of  Caldwell, 
Kerr,  Love,  Lowe,  Marshall,  MeCanless,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Rumley,  Scott  of  Onslow,  Shober,  Sin- 
clair, Singeltary,  Spake,  Summers,  Turner,  Watts,  Wilcox, 
Wilson  and  Woodfin — 56. 

Nays — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bell, 
Black,  Bliven,  Buxton,  Cary,  Chamberlain,  Crosby,  Davis, 
French,  Goodwin,  Hodge,  Horton,  Justice,  King  of  Lenoir, 
Mabson,  Mannix,  McDonald,  Munden,  Nowell,  Page,  Smythe, 
Thorne  and  Young — 26. 

The  following  delegates  were  paired  off: 

Messrs.  Allison,  Avery,  Barringer,  Bingham,  Blocker,  Cun- 
ningham, Dixon,  Dockery,  Durham,  Faircloth,  George,  Grant- 
ham, Holton,  Jarvis,  Jordan,  King  of  Pitt,  Kirby,  Lehman, 
Manning  of  Chatham,  Manning  of  New  Hanover,  McCabe, 
O'Hara,  Price,  Roberts  of  Gates,  Shepherd,  Stallings,  Strowd, 
Taylor,  Tourgee,  Vanghan,  Wheeler  and  Withers. 


CONVENTION  OF  1875.  91 

Mr  Boyd  moved  to  reconsider  the  vote  just  had. 

Mr.  Manning,  of  Chatham,  moved  to  lay  that  motion  on 
the  table. 

The  motion  to  table  prevailed. 

Ordinances  and  resolutions  on  their  second  reading  were- 
acted  on  as  follows : 

Ordinances  No.  6,  11  and  120  :  Ordinances  to  amend  sec- 
tion 12,  article  4,  of  the  Constitution. 

The  ordinances  were  read  the  second  time. 

The  question  recurred  upon  the  substitute  proposed  by  the- 
Committee  on  the  Judicial  Department;  and  it  was  adopted. 

The  question  then  recurred  on  the  passage  of  the  ordinance- 
on  its  second  reading. 

Mr.  Bowman  offered  an  amendment,  striking  out  that  por- 
tion authorizing  the  General  Assembly  to  increase  the  number 
of  Judges. 

Pending  its  consideration,  Mr.  Singeltary  called  the  previous, 
question. 

The  yeas  and  nays  were  ordered,  and  the  call  was  sustained, 
yeas  43,  nays  36,  as  follows  : 

Teas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of* 
Madison,  Bateman,  Bennett,  Bunn,  Byrd,  Carter,  Clingman,, 
Coleman,  Cooper,  Cowell,  Dobson,  Everett,  Faison,  Farrior, 
Green,  Harrington,  Hassell,  Henderson,  Jones  of  Caldwell, 
Love,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal, 
Nicholson,  Patterson,  Redwine,  Reid,  Bobbins,  Roberts  of 
Davidson,  Rumley,  Scott  of  Onslow,  Shober,  Sinclair,  SingeR 
tary,  Spake,  Summers,  Turner  and  Watts — 43. 

Nays — Messrs.  Albertson,  Badger,  Barrow,  Bean,  Bell, 
Black,  Bliven,  Bowman,  Boyd,  Buxton,  Bryan,  Cary,  Cham- 
berlain, Crosby,  Davis,  Dula,  French,  Goodwin,  Hampton, 
Hodge,  Horton,  Jones  of  Yadkin,  Justice,  Kerr,  King  of  Le- 
noir, Lowe,  Mannix,  McCanless,  McDonald,  Munden,  Nowell, 
Smjthe,  Thome,  Wilson,  Woodfin  and  Young — 36. 

The  following  delegates  were  paired  off : 

Messrs.  Allison,  Avery,  Barringer,  Bingham,  Bullock,  Cun- 


*>2  JOURNAL  OF  THE 

ninghara,  Dixon,  Dockery,  Durham,  Faircloth,  George,  Grant- 
fiam,  Holton,  Jarvis,  Jordan,  King  of  Pitt,  Kirby,  Lehman, 
Manning  of  Chatham,  Manning  of  New  Hanover,  Massey, 
McCabe,  O'Hara,  Price,  Roberts  of  Gates,  Shepherd,  Stallings, 
Strowd,  Taylor,  Tourgee,  Yanghan,  Wheeler  and  Withers. 

The  question  then  recurred  upon  the  adoption  of  the  amend- 
ment proposed  by  Mr.  Bowman. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  29,  nays  51,  as  follows  : 

Yeas — Meesrs.  Barrow,  Bateman,  Bean,  Bell,  Black,  Bliven, 
Bowman,  Buxton,  Bryan,  Chamberlain,  Crosby,  Dula,  French, 
Ooodwin,  Hampton,  Hoffman,  Horton,  Jones  of  Yadkin,  Jus- 
tice, Kerr,  King  of  Lenoir,  Lowe,  Mannix,  McCanless,  Mc- 
Donald, Munden,  Smythe,  Woodfin  and  Young — 29. 

Nays — Messrs.  Albertson,  Allman,  Anderson  of  Clay, 
Anderson  of  Madison,  Badger,  Bennett,  Boyd,  Bunn,  Byrd, 
Oary,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Dobson, 
Everett,  Faison,  Farrior,  Green,  Llarrington,  Hassell,  Hender- 
son, Hodge,  Jones  of  Caldwell,  Love,  Marshall,  McCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Nowell,  Patter- 
son, Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Rumley, 
Scott  of  Onslow,  Shober,  Sinclair,  Singeltary,  Spake,  Sum- 
mers, Thorne,  Turner,  Watts  and  Wilson — 51. 

The  following  delegates  were  paired  off: 

Messrs.  Allison,  Avery,  Barringer,  Bingham,  Blocker,  Bul- 
lock, Cunningham,  Dixon,  Dockery,  Durham,  Fairclotb, 
George,  Grantham,  Holton,  Jarvis,  Jordan,  King  of  Pitt, 
Kirby,  Lehman,  Manning  of  Chatham,  Manning  of  New 
Hanover,  Massey,  McCabe,  O'Hara,  Price,  Roberts  of  Gates, 
■Shepherd,  Stallings,  Strowd,  Taylor,  Tourgee,  Yaughan, 
Wheeler  and  Withers. 

The  ordinance  then  passed  its  second  reading,  yeas  59,  nays 
17,  as  follows : 

Yeas — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Bateman,  Bean,  Bell,  Bennett,  Boyd, 
Sunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Da- 


CONVENTION  OF  1875.  93- 

vis,  Dobson,  Dula,  Everett,  Faison,  Farrior,  Green,  Hampton, 
Harrington,  Hassell,  Henderson,  Hoffman,  Jones  of  Caldwel},, 
Kerr,  King  of  Lenoir,  Love,  Lowe,  Marshall,  McCanless,  Mc~ 
Corkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,  NowelL, 
Patterson,  Redwine,  Reid,  Bobbins,  Roberts  of  Davidson, 
Rumley,  Scott  of  Onslow,  Shober,  Sinclair,  Singeltary,  Spake, 
Summers,  Thorne,  Turner,  Watts,  Wilson   and  Woodfln — 59. 

Nats — Messrs.  Badger,  Barrow,  Black,  Bliven,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  French,  Goodwin,  Hodge, 
Horton,  Justice,  Mannix,  Munden  and  Smythe — 17. 

The  following  delegates  were  paired  off: 

Messrs.  Allison,  Avery,  Barringer,  Bingham,  Blocker,  Bul- 
lock, Cunningham,  Dixon,  Dockery,  Durham,  Fairclotb, 
George,  Grantham,  Holton,  Jarvis,  Jordan,  King  of  Pitt, 
Kirby,  Lehman,  Manning  of  Chatham,  Manning  of  New 
Hanover,  Massey,  McCabe,  O'Hara,  Price,  Roberts  of  Gate?, 
Shepherd,  Stallings,  Strowd,  Taylor,  Tourgee,  Yaughan, 
Wheeler  and  Withers. 

O.  No.  72  :  An  ordinance  to  amend  article  9,  section  4,  of 
the  Constitution.  Laid  upon  the  table,  on  motion  of  Mr. 
Robbins. 

O.  No.  80 :  An  ordinance  proposing  to  amend  section  9, 
article  3,  of  the  Constitution.  Laid  upon  the  table,  on  motion? 
of  Mr.  Clingman. 

R.  No.  89  :  A  reso'ution  to  alter  section  4,  article  4,  of  the 
Constitution. 

The  substitute  proposed  by  the  Committee  on  the  Judicial 
Department  was  adopted  ;  and  the  ordinance  passed  the  second? 
time. 

O.  No.  143  :  An  ordinance  to  amend  article  9  of  the  Con- 
stitution, providing  for  the  preservation  and  investment  of  the 
Public  School  funds.  Re-committed  to  the  Committee  on 
Education. 

O.  No.  151  :  An  ordinance  to  amend  section  25,  article  % 
of  the  Constitution.  Re-committed  to  the  Committee  on  the 
Legislative  Department. 


-94:  JOURNAL  OF  THE 

O.  No.  156 :  An  ordinance  to  prescribe  an  oath  for  mem- 
bers of  the  General  Assembly.  Laid  upon  the  table,  on 
motion  of  Mr.  Clingman. 

O.  No.  173  :  An  ordinance  in  regard  to  adjournment  and 
per  diem.  Laid  upon  the  table,  on  motion  of  Mr.  Manning, 
of  Ghat  ham. 

O.  No.  191 :  An  ordinance  to  amend  article  2  of  the  Con- 
stitution. 

The  ordinance  was  read  the  second  time. 

A  division  of  the  question  being  ordered,  the  question  re- 
curred first  upon  the  amendment  proposed  to  section  2,  of 
article  2. 

Mr.  Badger  offered  to  amend  by  adding :  "  And  when 
assembled  shall  be  denominated  the  General  Assembly. 
Neither  house  shall  proceed  upon  public  business,  unless  a 
■majority  of  all  the  members  are  actually  present." 

Pending  its  consideration,  Mr.  Albertson  moved  to  re- 
■commit  the  ordinance. 

The  motion  did  not  prevail. 

The  amendment  proposed  by  Mr.  Badger  was  adopted. 

Mr.  Cooper  offered  to  amend  by  adding  the  following  : 

"  The  Senate  and  House  of  Representatives  shall  meet 
"biennially  on  the  first  Wednesday  after  the  first  Monday  in 
January  next  after  their  election." 

The  amendment  to  the  amendment  was  adopted. 

The  question  next  recurred  on  the  amendment  proposing  to 
strike  section  4,  of  article  2,  from  the  Constitution  ;  and  it 
prevailed. 

The  question  then  recurred  upon  the  amendment  proposing 
to  strike  out  section  8,  of  article  2  ;  and  it  prevailed. 

The  question  next  recurred  upon  the  amendment  proposed 
Co  section  29,  of  article  2  ;  and  it  prevailed. 

The  question  then  recurred  on  the  amendment  proposed  to 
^section  27,  of  article  2  ;  and  it  prevailed. 

The  ordinance  then  passed  its  second  reading,  as  amended. 


CONVENTION  OF  1875.  95 

On  motion  of  Mr.  Young,  R.  No.  192 :  A  resolution  of  sine 
die  adjournment,  wa9  called  up  and  placed  on  its  adoption. 

The  yeas  and  nays  were  ordered,  and  the  resolution  was  not 
adopted,  yeas  35,  nays  44,  as  follows  : 

Yeas — Messrs.  Albertson,  Badger,  Barrow,  Bateraan,  Bean, 
Bell,  Black,  Bliven,  Bowman,  Boyd,  Buxton,  Bryan,  Cary, 
Chamberlain,  Crosby,  Davis,  Dnla,  French,  Goodwin,  Hamp- 
ton, Hodge,  Hoffman,  Horton,  Jones  of  Yadkin,  Justice,  Kerr, 
King  of  Lenoir,  Lowe,  Maunix,  McCanless,  Munden,  Nowell, 
Smythe,  Thorne  and  Young — 35. 

Nays — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bennett,  Bunn,  Byrd,  Carter,  Clingman,  Coleman, 
Cooper,  Cowell,  Dobson,  Everett,  Faison,  Farrior,  Green, 
Harrington,  Hassell,  Henderson.  Jones  of  Caldwell,  Love, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Patterson,  Red  wine,  Reid,  Robbins,  Roberts  of  David- 
son, Rumley,  Scott  of  Onslow,  Shober,  Sinclair,  Singeltary, 
Spake,  Summers,  Turner,  Watts,   Wilson  and  Woodfin — 44. 

The  following  delegates  were  paired  off : 

Messrs.  Allison,  Avery,  Barringer,  Bingham,  Blocker,  Bul- 
lock, Cunningham,  Dixon,  Dockery,  Durham,  Faircloth, 
George,  Grantham,  Holton,  Jarvis,  Jordan,  King  of  Pitt, 
Kirby,  Lehman,  Manning  of  Chatham,  Manning  of  New  Han- 
over, Massey,  McCabe,  O'Hara,  Price,  Roberts  of  Gates, 
Shepherd,  Stalling^,  Strowd,  Taylor,  Tourgee,  Yaughan, 
Wheeler  and  Withers. 

The  Convention  adjourned  until  10  A.  M.  Monday. 


96  JOURNAL  OF  THE 


THIRTEENTH  DAY. 

Monday,  September  20,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  the  Rev.  Dr.  Pritchard. 

The  Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Messrs.  Byrd,  Manning  of  Chatham,  Young  and  Bar 
ringer,  until  Wednesday.    • 

These  delegates  paired  off  as  follows : 

Mr.  Byrd  with  Mr.  Hampton,  Mr.  Manning  of  Chatham 
with  Mr.  O'Hara,  Mr.  Young  with  Mr.  Withers,  Mr.  Barrin- 
ger  with  Mr.  Avery. 

Mr.  Strowd  presented  a  memorial  from  the  State  Grange  of 
North  Carolina,  relative  to  the  establishment  of  a  Department 
of  Agriculture.  Read  and  referred  to  the  Committee  on  the 
Legislative  Department. 

The  following  ordinances  and  resolutions  were  introduced, 
read  the  first  time  and  referred,  or  otherwise  disposed  of,  as 
follows : 

By  Mr.  King,  of  Lenoir:  An  ordinance  in  relation  to  the 
establishing  of  new  counties  by  the  General  Assembly,  and  to 
add  a  new  section  to  the  Legislative  Department.  To  the 
Committee  on  the  Legislative  Department. 

By  Mr.  Bryan  :  Resolution  on  adjournment.  Placed  on  the 
calendar. 

By  Mr.  Anderson,  of  Clay:  An  ordinance  to  amend  section 

6,  article  19,  of  the  Constitution  of   North  Carolina.     To  the 
Committee  on  Municipal  Corporations. 

By  Mr.  McEachin  :    Resolution  to  amend  section  7,  article 

7,  of  the  Constitution.     To  the  Committee  on  Municipal  Cor- 
porations. 


CONVENTION  OF  1875.  97 

By  Mr.  Cooper :  An  ordinance  to  amend  section  26,  article 
4.     To  the  Judicial  Committee. 

By  Mr.  Bell  :  An  ordinance  entitling  Bertie  county  to  two 
members  in  the  House  of  representatives  of  the  General  As- 
sembly.    To  the  Committee  on  the  Legislative  Department. 

By  Mr.  Jarvis :  An  ordinance  to  amend  section  1,  of  article 
3,  of  the  Constitution.  To  the  Committee  on  the  Executive 
Department. 

Ordinances  on  third  reading  were  acted  on  as  follows  : 

O.  No.  89:  An  ordinance  to  amend  section  4,  article  4,  of 
the  Constitution  of  North  Carolina. 

The  ordinance  was  read  the  third  time. 

Mr.  French  offered  to  amend  by  inserting  after  "  superior 
courts,"  in  line  7,  ''courts  of  arbitration  and  award,"  and  in- 
serting in  line  8,  after  the  word  "  other,"  the  word  "  criminal." 

Pending  its  consideration,  Mr.  Durham  called  the  previous 
question. 

The  call  was  sustained. 

A  division  of  the  question  was  ordered. 

The  question  recurred  first  upon  the  proposition  to  amend 
by  inserting  after  "  superior  courts,"  in  line  7,  "  courts  of  ar- 
bitration and  award." 

The  amendment  did  not  prevail. 

The  question  then  recurred  ©n  the  proposition  to  insert  in. 
line  8,  after  the  word  "  other  "  the  word  "  criminal." 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
not  adopted,  yeas  20,  nays  54,  as  follows  : 

Yeas — Messrs.  Bateman,  Boyd,  Buxton,  Bryan,  Chamber- 
lain, Davis,  French,  Goodwin,  Hinnant,  Hodge,  Hoffman, 
Horton,  Justice,  Kerr,  King  of  Lenoir,  Mannix,  Massey,Mun- 
den,  Smythe  and  Tourgee — 20. 

Nays — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Badger,  Barrow,  Bean,  Bell,  Bennett,  Bing- 
ham, Bowman,  Cary,  Carter,  Clingman,  Coleman,  Cooper, 
Cowell,  Crosby,  Dula,  Durham,  Everett,  Faison,  Farrior, 
Green,  Harrington,  Hassell,  Henderson,  Holton,  Jones  of 
7 


98  JOURNAL  OF  THE 

Caldwell,  Love,  Lowe,  McCorkle,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Nowell,  Page,  Redwine,  Reid,  Robbing, 
Roberts  of  Davidson,  Rumley,  Scott  of  Onslow,  Shober,  Sin- 
geltary,  Spake,  Summers,  Thome,  Turner,  Watts  and  Wil- 
cox— 54. 

The  following  delegates  were  paired  off: 
Messrs.  Albertson,  Allison,  Avery,  Barringer,  Blocker, 
Bullock,  Bonn,  Byrd,  Cunningham,  Dixon,  Dobson,  Doekery, 
Faircloth,  George,  Grantham,  Hampton,  Jarvis,  Jones  of 
Yadkin,  Jordan,  Kirby,  Lehman,  Manning  of  Chatham,  Man- 
ning of  New  Hanover,  Marshall,  MeCabe,  McDonald,  R  >berts 
of  Gates,  Shepherd,  Sinclair,  Stallings,  Strowd,  Taylor, 
Vaughan,  Wheeler,  Withers  and  Young. 

Mr.  Mannix  offered  to  amend  by  inserting  after  the  word 
"law,"  in  line  9,  the  following:  "  Providing  that  what  were 
formerly  known  as  the  Courts  of  Pleas  and  Quarter  Sessions, 
or  Courts  of  similar  character  as  to  manner  of  construction  or 
jurisdiction,  shall  not  be  established." 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  35,  nays  41,  as  follows : 

",  .Yeas. — Messrs.  Badger,  Barrow,  Bateman,  Bean,  Bell, 
Bliven,  Bowman,  Boyd,  Buxton,  Bryan,  Gary,  Chamberlain, 
Crosby,  Davis,  French,  Goodwin,  Hinnant,  Hodge,  Hoff- 
man, Holton,  Horton,  Justice,  Kerr,  King  of  Lenoir,  Lowe, 
Mannix,  Massey,  Munden,  Nowell,  Page,  Smythe,  Thorne, 
Tourgee,  Wilcox  and  Woodfin — 35. 

Nays — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bennett,  Bingham,  Carter,  Clingman,  Coleman, 
Cooper,  Cowell,  Durham,  Everett,  Faison,  Farrior,  Green, 
Harrington,  Hassell,  Henderson,  Jones  of  Caldwell,  Love, 
McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Pat- 
terson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Rumley,  Scott  of  Onslow,  Shober,  Singeltary,  Spake,  Sum- 
mers, Turner,  Watts  and  Wilson — 41. 

The  followiug  delegates  were  pairel  off: 

Messrs.  Albertson,  Allison,  Avery,  Barringer,  Blocker,  Bui- 


CONVENTION  OF  1875.  99 

lock,  Bunn,  Byrd,  Cunningham,  Dixon,  Dobson,  Dockery, 
Faircloth,  George,  Grantham,  Hampton,  Jarvis,  Jones  of 
Yadkin,  Jordan,  King  of  Pitt,  Kirby,  Lehman,  Manning  of 
Chatham,  Manning  of  New  Hanover,  Marshall,  McC»be, 
McDonald,  O'Hara,  Roberts  of  Gates,  Shepherd,  Sinclair, 
Stallings,  Strovvd,  Taylor,  Vaughan,  Withers  and  Young. 

Mr.  Manning,  of  New  Hanover,  proposed  to  amend  by  in- 
serting after  the  word  "  law,"  in  ninth  line,  u  and  that  all  the 
officers  of  such  courts  shall  be  elected  by  the  qualified  voters 
within  the  jurisdiction  of  the  said  courts." 

The  yeas  and  nays  were  ordered-,  and  the  amendment  was 
rejected.     Yeas  29,  nays  46,  as  follows : 

Yeas — Messrs.  Badger,  Bowman,  Boyd,  Buxton,  Bryan, 
Cary,  Chamberlain,  Crosby,  Davis,  Dnla,  Goodwin,  Hinnant, 
Hodge,  Hoffman,  ILJton,  Horton,  Justice,  Kerr,  King  of  Le- 
noir, Lowe,  Mannix,  Massey,  McCanless,  Munden,  Nowell, 
Page,  S  nay  the,  Thorne,  Tourgee  and  Wood  fin — 29. 

Nays  —  Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Barrow,  Bateman,  Bean,  Bell,  Bennett,  Bingham, 
Bliven,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Durham, 
Everett,  Faison,  Farrior,  Green,  Harrington,  Hassell,  Hender- 
son, Jones  of  Caldwell,  Love,  McCorkle,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine.  Reid, 
Hobbins,  Roberts  of  Davidson,  Rumley,  Scott  of  Onslow, 
Shober,  Singeltary,  Spake,  Summers,  Turner,  Watts  and 
Wilson— 46. 

Paired — Messrs.  Albertson,  Allison,  Avery,  Barringer, 
Blocker,  Bullock,  Bunn,  Clingman,  Dixon,  Dobson,  Dockery, 
Faircloth,  George,  Grantham,  Hampton,  Jarvis,  Jones  of 
Yadkin,  Jordan,  King  ot  Pitt,  Kirby,  Lehman,  Manning  of 
Chatham,  Manning  of  New  Hanover,  Marshall,  McCabe,  Mc- 
Donald, O'liara,  Roberts  of  Gates,  Shepherd,  Sinclair,  Stal- 
lings, Strowd,  Taylor,  Vaughan,  Wheeler,  Withers  and 
Y  oung. 

Mr.  Tourgee  offered  to   amend   by  adding  the  following : 


100  JOURNAL  OF  THE 

i  Because  the  Convention  has  not  time  to  consider  what  courts 
are  necessary." 

The  amendment  did  not  prevail. 

The  ordinance  then  passed  the  third  time,  yeas  43,  nays  35, 
as  f  Hows  : 

Yeas. — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Badger,  Bennett,  Bingham,  Carter.  Clingman,  Cole- 
man, Cooper,  Cowell,  Dula,  Durham,  Everett,  Faison,  Farrior, 
Green,  Harrington,  Hassell,  Henderson,  Jones  of  Caldwell, 
Love,  McCorkle,  MeEachin,  Morehead,  Motz,  Neal,  Nichol- 
son, Patterson,  Price,  Redwine,  Reid,  Robbins,  Rumley,  Scott 
of  Onslow,  Shcber,  Singeltary,  Spake,  Summers,  Turner, 
Watts  and  Wilson — 43. 

Nays. — Messrs.  Badger,  Barrow,  Bateinan,  Bean,  Bell, 
Bliven,  Bowman,  Boyd,  Buxton,  Bryan,  Cary,  Chamberlain, 
Crosby,  Davis,  French,  Goodwin,  Hinnant,  Hodge,  Hoffman, 
Holton,  Horton,  Justice,  Kerr,  King  of  Lenoir,  Lowe,  Man- 
nix,  Massey,  McCanless,  Munden,  Nowell,  Page,  Smythe, 
Thorne,  Tourgee,  Wilcox  and  Woodtin — 35. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Allison,  Avery,  Barringer,  Blocker, 
Bullock,  Bunn,  Byrd,  Cunningham,  Dixon,  Dobson,  Dockery, 
Faircloth,  George,  Grantham,  Hampton,  Jarvis,  Jones  of 
Yadkin,  Jordan,  King  of  Pitt,  Kirby,  Lehman,  Manning  of 
Chatham,  Manning  of  New  Hanover,  Marshall,  McCabe, 
McDonald,  O'Hara,  Roberts  of  Gates,  Shepherd,  Sinclair, 
Stallings,  Strowd,  Taylor,  Yaughan,  Wheeler,  Withers  and 
Young. 

O.  No.  191 :  An  ordinance  to  amend  article  2. 

The  ordinance  was  read  and  passed  the  third  time. 

Mr.  Justice  moved  that  the  Convention  do  now  adjourn. 

The  motion  did  not  prevail. 

O.  No.  208  :  An  ordinance  to  amend  section  12,  article  4, 
of  the  Constitution. 

Ihe  ordinance  was  read  the  third  time. 

Mr.  Buxton  moved  to  strike  out  "  9  "  and  insert  "  10." 


CONVENTION  OF  1S75.  101 

The  amendment  did  not  prevail. 

Mr.  King,  of  Lenoir,  offered  an  amendment. 

The  yeas  and  nays  being  ordered,  the  amendment  did  not 
prevail.     Yeas  33,  nays  45,  as  follows  : 

Yeas — Messrs.  Barrow,  Bean,  Bliven,  Bowman,  Boyd,  Brix- 
ton, Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dnla,  French, 
Goodwin,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jus- 
tice, Kerr,  King  of  Lenoir,  Lowe,  Mannix,  Massey,  McCan- 
less,  Munden,  Page,  Srnythe,  Thorne,  Tonrgee,  Wilson  and 
Wood  fin— 33. 

Nats — Messrs.  Aliman,  Anderson  of  Clay,  Anderson  of 
Madison,  Badger,  Bateman,  Bell,  Bennett,  Bingham,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Durham,  Everett, 
Faison,  Farrior,  Green,  Harrington,  Hassell,  Henderson, 
Jones  of  Caldwell,  Love,  McCorkle,  McEachin,  Morehead, 
Motz,  Neal,  Nicholson,  Nowell,  Patterson,  Price,  Redwine, 
Reid,  Bobbins,  Roberts  of  Davidson,  Rumley,  Scott  of 
Onslow,  Shober,  Singeltary,  Spake,  Summers,  Turner,  Watts 
and  Wilcox — 45. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Allison,  Avery,  Barringer,  Blocker,  Bul- 
lock, Bnnn,  Byrd,  Cunningham,  Dixon,  Dobson,  Deckery, 
Faircloth,  George,  Grantham,  Hampton,  Jarvis,  Jones  of  Yad- 
kin, Jordan,  King  of  Pitt,  Kirby,  Lehman,  Manning  of  Chat- 
ham, Manning  of  New  Hanover,  Marshall,  McCabe,  McDon- 
ald, O'Hara,  Roberts  of  Gates,  Shepherd,  Sinclair,  Stallings, 
Strowd,  Taylor,  Yaughan,  Wheeler,  Withers  and  Young. 

Mr.  Boyd  offered  an  amendment. 

Pending  its  consideration,  Mr.  Robbins  called  the  previous 
question. 

The  call  was  sustained. 

The  question  recurred  first  upon  the  amendment  proposed 
by  Mr.  Boyd. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  35,  nays  41,  as  follows : 


102  JOURNAL  OF  THE 

Yeas — Messrs.  Badger,  Barrow,  Bean,  Bliven,  Bowman,. 
Boyd,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dula,  Dur- 
ham, French,  Goodwin,  Hinnant,  Hodge,  Hoffman,  Holton,. 
Horton,  Justice,  Kerr,  King  of  Lenoir,  Lowe,  Mannix,  Mas- 
sey,  McCanless,  Munden,  Page,  Smythe,  Thorne,  Tourgee, 
Wilcox,  Wilson  and  Woodfin — 35. 

Nays. — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bateman,  Bell,  Bennett,  Bingham,  Carter,  Cling- 
man,  Coleman,  Cooper,  Cowell,  Ererett,  Faison,  Farrior, 
Green,  Harrington,  Hassell,  Henderson,  Jones  of  Caldwell, 
Love,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nichol- 
son, Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Rumley,  Scott  of  Onslow,  Shober,  Singeltary, 
Spake,  Summers,  Turner  and  Watts — 41. 

The  ordinance  then  passed  the  third  time,  yeas  48,  nays 
27,  as  follows  : 

Teas. — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bean,  Bennett,  Bingham,  Bowman,  Carter,  Cling- 
man,  Coleman,  Cooper,  Cowell,  Dula,  Durham,  Everett, 
Faison,  Farrior,  Green,  Harrington,  Hassell,  Henderson, 
Hoffman,  Jones  of  Caldwell,  Love,  Lowe,  McCorkle,  Mc- 
Eachin, Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Rumley, 
Scott  of  Onslow,  Shober,  Singeltary,  Spake,  Summers,  Turner, 
Watts,  Wilcox,  Wilson  and  Woodfin — 48. 

Nays — Messrs.  Badger,  Barrow,  Bell,  Bliven,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  French,  Goodwin, 
Hinnant,  Hodge,  Llolton,  Horton,  Justice,  King  of  Lenoir, 
Mannix,  Massey,  McCanless,  Munden,  Nowell,  Page,  Smythe, 
Thorns  and  Tourgee — 27. 

The  following  delegates  were  paired  off:    . 

Messrs.  Albertson,  Allison,  Avery,  Barringer,  Blocker, 
Bullock,  Bunn,  Byrd,  Cunningham,  Dixon,  Dobson,  Dockery, 
Faireloth,  George,  Grantham,  Hampton,  Jarvis,  Jones  of 
Yadkin,  Jordan,  King  of  Pitt,  Kirby,  Lehman,  Manning  of 
Chatham,    Manning   of   New   Hanover,    Marshall,    McCabe, 


CONVENTION  OF  1875  103 

McDonald,  O'llara,  Roberts  of  Gates,  Shepherd,  Sinclair, 
Sellings,  Strowd,  Taylor,  Yaughan,  Wheeler,  Withers  and 
Youn^j. 

The  Convention  adjourned  until  10  A.  M.  to-morrow. 


FOURTEENTH   DAY. 

Tuesday,  September  21,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
chair. 

Prayer  was  offered  by  Rev.   Mr.  Spake. 

The  Journal  of  yesterday  was  read. 

Mr.  French  asked  the  Chair  to  instruct  the  Secretary  to  re- 
cord in  the  Journal  certain  amendments  which  were  offered 
on  yesterday  to  Ordinance  No.  89,  and  rejected. 

The  Chair  decided  that  it  was  not  within  the  province  of  the 
Chair  to  make  such  an  order. 

The  Journal  of  yesterday  was  then  approved. 

Thereupon,  Mr.  French  moved  to  suspend  the  rules,  in 
order  to  offer  a  resolution  concerning  the  Journal  of  the  Con- 
vention.    The  motion  prevailed. 

Mr.  French  then  introduced  the  following: 

"  Resolved,  That  all  original  propositions,  except  those  ta- 
bled on  an  adverse  report  of  a  committee,  and  all  amendments 
offered,  be,  in  substance  or  in  form  if  necessary,  entered  upon 
the  Journal,  and  that  a  committee  of  three  be  appointed  to 
examine  the  Journal  as  heretofore  made  up,  and  report  what 
amendments  are  omitted,  that  the  same  may  be  entered  in 
their  appropriate  places. 


104  JOURNAL  OF  THE 

"  Resolved,  That  the  Secretary  be  and  he  is  hereby  author- 
ized to  employ  a  clerk  at  a  compensation  not  exceeding  three 
dollars  per  day." 

The  resolution  was  read  and  adopted. 

The  Chair  designated  Messrs.  French,  Durham  and  Badger 
as  the  Select  Committee  proposed  in  the  above  resolution. 

Leave  of  absence  was  granted  Mr.  Mabson  nntil  Friday  of 
the  present  week.  Mr.  Cowell  was  announced  as  having  paired 
oft  with  him. 

Leave  of  absence  for  to-day  was  granted  Mr.  Byrd.  Mr. 
Hinnant  was  announced  as  paired  off  with  him. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  referred,  or  otherwise  dis- 
posed of,  as  follows  : 

By  Mr.  Strowd  :  An  ordinance  to  amend  article  3  of  the 
is  i  >  i,  by  requiring  the  General  Assembly  to  establish 
a  Department  of  Agriculture.  To  the  Committee  on  the 
Legislative  Department. 

By  Mr.  Faison  :  A  resolution  to  amend  article  4,  section  17, 
of  the  Constitution,  to  prohibit  the  apprenticing  of  white  chil- 
dren to  persons  of  color.  To  the  Committee  on  the  Judicial 
Department. 

By  Mr.  King,  of  Lenoir:  A  resolution  to  adjourn  sine  die. 
Laid  over  under  the  rules. 

By  Mr.  Turner  :  A  resolution  condemnatory  of  the  system 
of  bribery  and  corruption  as  practiced  by  the  Chatham,  alias, 
Raleigh  and  Augusta  Air  Line  Railroad  Corporation.  Placed 
on  the  calendar. 

By  Mr.  Cooper:  An  ordinance  to  amend  article  5,  section 
6,  of  the  Constitution,  by  exempting  from  taxation  all  property 
belonging  to  the  State,  or  to  Municipal  Corporations ;  all 
property  held  for  educational,  scientific,  literary,  charitable, 
or  religious  purposes;  and  the  agricultural  and  mechanical 
implements    of  farmers  and  mechanics,  to  a  value  of  three 


CONTENTION  OF  1875.  105 

hundred  dollars.  To  the  Committee  on  Revenue,  Taxation 
and  the  Public  Debt. 

By  Mr.  Durham  :  A  resolution  proposing  an  amendment  to 
the  Constitution,  eo  as  to  confer  upon  Justices  of  the  Peace 
jurisdiction  of  misdemeanors  and  petty  larcenies.  To  the 
Committee  on  the  Judicial  Department. 

By  Mr.  Justice:  A  resolution  concerning  the  separation  of 
the  races  in  schools.     Placed  on  the  calendar. 

By  Mr.  Henderson  :  An  ordinance  to  amend  section  13, 
article  2,  of  the  Constitution,  prohibiting  special  legislation. 
To  the  Committee  on  the  Legislative  Department. 

By  Mr.  Boyd  :  An  ordinance  to  amend  article  4,  section  33, 
of  the  Constitution,  regarding  appeals  from  Magistrates'  Courts. 
To  the  Committee  on  the  Judicial  Department. 

Reports  from  Standing  Committees  were  submitted  as 
follows  : 

By  Mr.  Durham,  from  the  Committee  on  Revenue,  Taxa- 
tion, and  the  Public  Debt,  R.  No.  77  :  A  resolution  concern- 
ing the  common  highways  of  the  State;  with  a  recommen- 
dation that  the  committee  be  discharged  from  its  further  con- 
sideration. 

From  the  Committee  on  Education  : 

By  Mr.  Morehead  :  O.  No.  182  :  An  ordinance  to  amend 
article  9,  sections  4  and  7  of  the  Constitution  ;  with  a  recom- 
mendation that  it  do  not  pass. 

O.  No.  175  :  An  ordinance  to  amend  section  4,  article  9,  of 
the  Constitution;  with  a  recommendation  that  it  do  not  pass. 

O.  No.  143  :  An  ordinance  to  amend  article  9,  of  the  Con- 
stitution, providing  for  the  preservation  and  investment  of 
Public  School  funds,  with  a  recommendation  that  the  accom- 
panying substitute  be  adopted. 

Mr.  Durham  moved  to  reconsider  Ordinance  No.  208,  con- 
cerning the  division  of  the  State  into  Nine  Judicial  Districts ; 
and  moved  to  postpone  the  further  consideration  of  that  mo- 
tion until  to-morrow  at  1  o'clock,  P.  M.s  and  make  it  the  spe- 
cial order  for  that  hour. 


2CG  JOURNAL  OF  THE 

The  motion  to  postpone  and  make  the  special  order  pre- 
railod. 

At  12  o'clock  the  Chair  announced  that  the  hour  had  ar- 
rived for  the  special  order,  to-wit : 

O.  No.  129:  An  ordinance  to  amend  article  4,  of  the  Con- 
stitution, by  striking  out  section  9,  of  said  article,  which 
requires  two  terms  of  the  Supreme  Court  to  be  held  at  the 
seat  of  government  of  the  State  in  each  year. 

The  ordinance  was  read  the  second  time. 

The  yeas  and  nays  were  ordered,  and  the  ordinance  passed 
the  second  time.     Yeas  47,  nays  37,  as  follows  : 

Yeas — Messrs.  Allison,  Allrnan,  Anderson  of  Clay,  Ander- 
son of  Madison,  Badger,  Bingham,  Bowman,  Clingman,  Cole- 
man, Cooper,  Dula,  Durham,  Everett,  Faison,  Farrior,  Hamp- 
ton, Harrington,  Hassell,  Henderson,  Hoffman,  Horton,  Jones 
of  Caldwell,  Kirby,  Love,  McCorkle,  McEachin,  Morehead, 
Neal,  Nicholson,  Patterson,  Red  wine,  Reid,  Robbins,  Roberts 
of  Davidson,  Scott  of  Onslow,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Summers,  Vaughan,  Watts,  Wheeler,  Wil- 
cox,   Wilson  and  Woodtin — 47. 

Nays — Messrs.  Barrow,  Bateman,  Bean,  Bell,  Bennett. 
Bliven,  Blocker,  Bnllock,  Buxton,  Bryan,  Cary,  Carter, 
Crosby,  Cunningham,  Davis,  Dixon,  Faircloth,  French,  Good- 
win, Green,  Hodge,  Holton,  King  of  Lenoir,  Lowe,  Mannix, 
Massey,  MeCanless,  McDonald,  Motz,  Nowell,  Page,  Price, 
Rumley,  Scott  of  Jones,   Smythe,  Thorne   and  Tourgee — 37. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Avery,  Barringer,  Bunn,  Byrd,  Cowell, 
Dobson,  Dockery,  George,  Grantham,  Hinnant,  Jarvis,  Jones 
of  Yadkin,  Jordan,  King  of  Pitt,  Lehman,  Mabson,  Manning 
of  Chatham,  Manning  of  New  Hanover,  Marshall,  McCabe, 
O'Hara,  Roberts  of  Gates,  Shepherd,  Strowd,  Withers  and 
Young. 

Mr.  Chamberlain  was  excused  from  voting  by  general  con- 
sent. 


CONTENTION  OF  1875.  107 

Ordinances  and  resolutions  on  second  reading  were  acted 
upon  as  follows : 

O.  No.  141  :  An  ordinance  to  amend  article  2  of  the  Con- 
stitution, changing  the  time  of  meeting  of  the  General  As- 
sembly. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Cooper,  laid  upon  the  table. 

O.  No.  84  :  An  ordinance  to  amend  article  2,  section  29,  of 
the  Constitution. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Cooper,  laid  upon  "the  table. 

O.  No.  S3  :  An  ordinance  to  amend  article  2,  section  27,  of 
the  Constitution. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Bunn,  laid  upon  the  table. 

R.  No.  70 :  A  resolution  to  amend  section  2,  article  2,  of 
the  Constitution  of  North  Carolina. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Cooper,  laid  upon  the  table. 

O.  No.  25:  An  ordinance  to  regulate  the  per  diem  and 
mileage  of  members  of  the  General  Assembly. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Avery,  laid  upon  the  table. 

R.  No.  24 :  A  resolution  upon  the  Legislative  Department. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Cooper,  laid  upon  the  table. 

R.  No.  23  :  A  resolution  concerning  the  pay  of  the  mem- 
bers of  the  Legislature. 

Read  the  second  time,  and,  on  motion  of  Mr.  Bean,  laid 
upon  the  table. 

O.  No.  82  :  An  ordinance  to  strike  out  of  the  Constitution 
sections  4  and  8  of  article  2  thereof. 

The  ordinauce  was  read  the  second  time,  and,  on  motion  of 
Mr.  Shepherd,  laid  upon  the  table. 

O.  No.  20  :  An  ordinance  to  amend  article  2  of  the  Consti- 
tution, fixing  the  pay  of  members  of  the    General  Assembly,,. 


108  JOURNAL  OF  THE 

The  ordinance  was1  read  the  second  time,  and,  on  motion  of 
Mr.  Morehead,  laid  upon  the  table. 

O.  No.  95:  An  ordinance  to  make  the  homestead  a  fee 
simple 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Anderson,  of  Clay,  laid  upon  the  table. 

R.  No.  114:  A  resolution  to  alter  section  29,  article  2,  of 
the  Constitution  of  North  Carolina. 

The  resolution  was  read  the  second  time,  and,  on  motion, 
laid  upon  the  table. 

R  No.  121:  A  resolution  in  regard  to  the  reports  of  stand- 
ing committees. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Tourgee,  laid  upon  the  table. 

R.  No.  171:  A  resolution  calling  the  attention  of  the  Com- 
mittee on  the  Judiciary  to  article  1,  sections  15,  21,  22,  29,  30 
and  3'3,  and  the  defects  therein  contained,  and  proposing 
amendments. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Robbins,  laid  upon  the  table. 

R.  No.  185 :  A  resolution  to  allow  the  county  of  Graham  a 
representative. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Clingman,  laid  upon  the  table. 

R.  No.  183  :  A  resolution  proposing  to  amend  sections  9, 
10  and  13  of  article  2  of  the  Constitution,  to  make  clear  that 
which  is  doubtful  and  unmeaning  in  these  sections. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Anderson,  of  Clay,  laid  upon  the  table. 

O.  No.  170  :  An  ordinance  to  allow  the  county  of  Halifax 
another  member  in  the  General  Assembly  under  the  existing 
Constitution. 

The  ordinance  w.  s  read  the  second  time,  and,  on  motion  of 
Mr.  Shepherd,  laid  upon  the  table. 

O.  No.  150 :  An  ordinance  to  amend  section  3,  article  2,  of 
•the  Constitution. 


CONTENTION  OF  1871.  109 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Anderson,  of  Clay,  laid  upon  the  table. 

O.  No.  154:  An  ordinance  to  reduce  the  number  of  State 
Senators  to  twenty  five. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of" 
Mr.  Vaughan,  made  the  special  order  for  Friday  next  at  12  M. 

O.  No.  140:  An  ordinance  to  amend  article  2  of  the  Con- 
stitution, providing  for  special  legislation. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Henderson,  laid  upon  the  table. 

O.  No.  162 :  An  ordinance  to  give  the  county  of  Pamlico  a 
representative. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Shepherd,  laid  upon  the  table. 

O.  No  21  :  An  ordinance  to  amend  section  14,  article  2,  of 
the  Constitution,  abolishing  private  legislation. 

The  ordinance  was  read  the  second  time,  and,  on  motion: 
of  Mr.  Robbins,  laid  upon  the  table. 

O.  No.  27  :  An  ordinance  concerning  civil  rights  and  social 
equality  in  North  Carolina. 

The  ordinance  was  read  the  second  time,  and,  on  motien  of 
Mr.  Anderson,  of  Clay,  kid  upon  the  table. 

R  No.  60  :  A  resolution  in  relation  to  the  funeral  expenses- 
of  Hon.  William  A.  Graham. 

The  resolution  was  read  and  passed  the  second  and  the  third 
times  by  a  unanimous  vote. 

R.  No.  179:  A  resolution  to  define  the  duties  of  the  Com- 
mittee on  Revision. 

The  resolution  was  read. 

Mr.  Tourgee  moved  to  amend  by  striking  out  the  words  "or 
in  conflict  with  the  Constitution  of  the  United  States." 

The  amendment  prevailed,  and  the  resolution  passed  the- 
second  time. 

R.  No.  204:  A  resolution  of  instruction  to  the  Secretary  of 
this  Convention,  requiring  him  to  preserve  and  file  in  good 
order  with  the  Secretary  of  State,  at  the  close  of  the  session,. 


110  JOURNAL  OF  THE 

all  the  ordinances  and  resolutions  introduced  in  this  Conven- 
tion. 

The  resolution  was  read. 

The  yea^  and  nays  were  ordered,  and  the  resolution  was 
adopted.     Yeas  56,  nays  32,  as  follows: 

Teas — Messrs.  Allraan,  Anderson  of  Madison,  Badger, 
Barrow,  Bateman,  Bean,  Bell,  Bliven,  Blocker,  Bowman, 
B  >yd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlain,  Clingman, 
Crosby,  Cunningham,  Davis,  Dixon,  Dnla,  Durham,  Fair- 
cloth,  French,  Goodwin,  Hampton,  Henderson,  Hodge,  Hoff- 
man, Holton,  Horton,  Kerr,  King  &f  Lenoir,  Kirby,  Love, 
Lowe,  Mannix,  Massey,  McCanless,  McDonald,  Munden, 
Neal,  Nowell,  Page,  Rnmley,  Scott  of  -Tones,  Smythe,  Thorne, 
Towrgee,  Vaughan,  Watts,  Wheeler,  Wilcox,  Wilson  and 
'Wood  fin — 56. 

1ST  ays — Messrs.  Allison,  Anderson  of  Clay,  Bennett,  Bing- 
ham, Carter,  Coleman,  Everett,  Faison,  Farrior,  Green,  Har- 
rington, Hassell,  Jones  of  Caldwell,  McCorkle,  McEachin, 
Morehead,  Motz,  Nicholson,  Patterson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Scott  of  Onslow,  Shober,  Sin- 
clair, Spake,  S tailings,  Summers  and  Turner — 32. 

The  following  delegates  were  paired  off: 

Messrs.  Avery,  Barringer,  Bonn,  Byrd,  Cowell,  Dobson, 
Dockery.  George,  Grantham,  Hinnant,  Jarvis,  Jones  of  Yad- 
kin, Jordan,  King  of  Pitt,  Lehman,  Mabson,  Manning  of  New 
Hanover,  Marshall,  McCabe,  O'Hara,  Roberts  of  Gates,  Shep- 
herd, Strowd,  Taylor,  Withers  and  Young. 

O.  No.  201 :  An  ordinance  to  provide  for  the  payment  of 
the  mileage  and  per  diem  of  the  officers,  members  and  em- 
ployees of  this  Convention. 

The  ordinance  was  read  the  second  time. 

Mr.  Robbins  moved  to  postpone  the  further  consideration  of 
the  ordinance,  and  make  it  the  special  order  for  Tuesday  next 
at  1  o'clock. 

Pending  the  consideration  of  this  motion,  on  motion  of  Mr. 
Durham,  the  Convention  adjourned  until  10  A.  M.  to-morrow. 


CONVENTION  OF  1875.  Ill 

FIFTEENTH  DAY. 

Wednesday,  September  22,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  Rev.  Dr.  Kerr. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Bunn,  indefinite,  on  account  of  sickness. 

To  Mr.  Byrd,  for  to-day,  on  account  of  sickness. 

The  Chair  designated  Mr.  Patterson  as  a  member  of  the 
Committees  on  Municipal  Corporations,  on  a  Preamble  and 
Bill  of  Rights,  and  on  Miscellaneous  Provisions. 

Reports  from  Standing  Committees  were  submitted  as 
follows : 

From  the  Committee  on  Revenue,  Taxation  and  the  Public 
Debt: 

By  Mr.  Durham,  O.  No.  206  :  An  ordinance  to  exempt 
certain  personal  property  from  taxation  ;  with  a  recommenda- 
tion that  it  do  not  pass. 

O.  No.  136  :  An  ordinance  to  amend  sections  1  and  2,  artiele 
5,  of  the  Constitution  ;  with  a  recommendation  that  it  do  not 
pass. 

O.  No.  195 :  An  ordinance  to  provide  for  the  working  of 
public  roads  by  taxation  ;  with  a  recommendation  that  it  do 
not  pass. 

O.  No.  196  :  An  ordinance  to  amend  section  7,  article  6,  of 
the  Constitution  to  prevent  the  Township  Board  of  Trustee 
assessing  their  own  property  ;  with  a  recommendation  that  it 
do  not  pass. 

From  the  Committee  on  the  Judicial  Department : 

By  Mr.  Bennett,  O.  No.  187:  An  ordinance  proposing 
amendment  to  article  4,  section  14,  of  the  Constitution,  with 
a  recommendation  that  the  accompanying  substitute  requiring 


112  JOURNAL  OF  THE 

the  Judges  of  the  Superior  Court  to  reside  in  the  Districts  for 
which  they  are  chosen,  and  providing  for  rotation,  be  adopted. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  referred,  or  otherwise  dis- 
posed of,  as  follows  : 

By  Mr.  Coleman  :  An  ordinance  to  amend  section  7  of  the 
14th  article  of  the  Constitution,  by  striking  out  the  word  "or" 
in  the  last  line  but  one,  and  adding  to  the  section  the  words, 
"  Trustees  of  the  University,  or  any  person  holding  any  office 
or  place  under  this  State  to  which  no  compensation  is  attached." 
To  the  Committee  on  Suffrage  and  Eligibility. 

By  Mr.  Coleman  :  An  ordinance  to  amend  article  6,  of  the 
Constitution,  by  requiring  six  months'  residence  in  the  county 
as  a  qualification  for  an  elector  ;  and  rendering  ineligible  to 
office  persons  who  deny  the  being  of  Almighty  God  ;  and  dis- 
franchising persons  convicted  of  infamous  crimes,  or  of  cor- 
ruption or  malpractice  in  office.  To  the  Committee  on 
Suffrage  and  Eligibility. 

By  Mr.  Sinclair  :  An  ordinance  to  amend  section  10,  article 
11,  of  the  Constitution,  relative  to  the  care  of  the  deaf  mutes, 
the  blind,  and  the  insane  of  the  State.  To  the  Committee  on 
Punishments,  Penal  Institutions  and  Public  Charities. 

By  Mr.  Bennett c  An  ordinance  to  amend  article  5  of  the 
Constitution  so  as  to  exempt  from  taxation  articles  manufac- 
tured of  products  of  this  State.  To  the  Committee  on  Rev- 
enue, Taxation  and  Public  Debt. 

An  ordinance  to  amend  article  2,  of  the  Constitution,  by 
adding  an  additional  section  thereto,  providing  that  no  Con- 
vention or  General  Assembly  of  this  State  shall  act  upon  any 
amendment  of  the  Constitution  of  the  United  States  proposed 
by  Congress  to  the  several  States,  unless  such  Convention  or 
General  Assembly  shall  have  been  elected  after  such  amend- 
ment is  submitted.  To  the  Committee  on  the  Legislative  De- 
partment. 

By  Mr.  Munden  :  An  ordinance  to  amend  article  5  of  the 
Constitution,  so  as  to  confine  the  State  and  county  capitation 


CONVENTION  OF  1875.  113 

tax  solely  to  the  purposes  of  education.     To  the  Committee 
on  Revenue,  Taxation  and  the  Public  Debt. 

By  Mr.  Manning,  of  New  Hanover:  A  resolution  to  ad- 
journ sine  die.     Laid  over  under  the  rules. 

The  consideration  of  the  unfinished  business  of  yesterday 
being  in  order,  the  Convention  proceeded  to  consider  O.  No. 
201  :  An  ordinance  to  provide  for  the  payment  of  the  mileage 
stnd  per  diem  of  the  officers,  members  and  employees  of  thia 
Convention. 

Mr.  Robbins,  by  leave,  withdrew  the  pending  motion  to 
postpone,  heretofore  made  by  himself. 

Mr.  Withers  offered  a  substitute  for  section  1  of  the  ordi- 
nance, fixing  the  per  diem  of  the  President  at  six  dollars  ;  the 
Principal  and  Assistant  Secretaries  each  at  six  dollars;  the 
Enrolling  Clerks  each  at  five  dollars;  the  members  each  at 
four  dollars ;  the  Sergeant  at  arms  and  Doorkeepers  each  at 
five  dollars,  and  the  Pages  at  one  dollar  ;  and  fixing  the  mile- 
age at  the  rate  of  ten  cents. 

Pending  its  consideration,  Mr.  Durham  called  the  previous 
question. 

The  yeas  and  nays  were  ordered,  and  the  call  sustained, 
yeas  75,  nays  18,  as  follows  : 

Yeas. — Messrs.  Allison,  Allman,  .Anderson  of  Clay,  Ander- 
son of  Madison,  Badger,  Barrow,  Bateman,  Bean,  Bell,  Ben- 
nett, Bingham,  Black,  Bliven,  Blocker,  Buxton,  Carter,  Cham- 
berlain, Clingman,  Coleman,  Cowell,  Crosby,  Cunningham, 
Dixon,  Dula,  Durham,  Everett,  Faircloth,  Faison,  Farrior, 
George,  Goodwin,  Green,  Hampton,  Harrington,  Hassell, 
Henderson,  Hoffman,  Helton,  Horton,  Jones  of  Caldwell, 
Justice,  King  of  Lenoir,  Love,  Lowe,  McCanless,  McCorkle, 
McEachin,  Morehead,  Motz,  Munden,  Neal,  Nicholson,  Nowell, 
Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rnmley,  Scott  of  Onslow,  Shober,  Sin- 
clair, Singeltary,  Spake,  Stallings,  Summers,  Thome,  Turner, 
"Vaughan,  Watts,  Wilcox,  Wilson,  Withers  and  Woodfin — 75. 

Nats — Messrs.    Bowman,    Boyd,    Bullock,    Bryan,    Gary,. 


114  JOURNAL  OF  THE 

Davis,  French,  Grantham,  Hinnant,  Hodge,  Man  nix,  Man- 
ning of  New  Hanover,  Massey,  McCabe,  McDonald,  Page, 
Smythe  and  Wheeler — 18. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Avery,  Barringer,  Bnnn,  Byrd,  Dobson, 
Dockery,  Jarvis,  Jones  of  Yadkin,  Jordan,  Kerr,  King  of 
Pitt,  Kirby,  Lehman,  Mabson,  Manning  of  Chatham,  Marshall, 
O'Hara,  Scott  of  Jones,  Shepherd,  Strowd,  Taylor  v  and 
Young. 

The  question  recurred  on  the  adoption  of  the  substitute. 

The  yeas  and  nays  were  ordered,  and  the  substitute  was 
adopted.     Yeas  72,  nays  22,  as  follows: 

YrEAS — Mr.  President,  Messrs.  Allison,  Allman,  Anderson 
of  Clay,  Anderson  of  Madison,  Bateman,  Bean,  Bennett,  Bing- 
ham, Blocker,  Bowman,  Buxton,  Bryan,  Carter,  Clingman, 
Coleman,  Cowell,  Cunningham,  Dula,  Durham,  Everett,  Fair- 
cloth,  Faison,  Farrior,  French,  George,  Grantham,  Green, 
Hampton,  Harrington,  Hassell,  Henderson,  Hinnant,  Hoff- 
man, Holion,  Jones  of  Caldwell,  King  of  Lenoir,  Love,  Lowe, 
Manning  of  New  Hanover,  Massey,  McCanless,  McCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Nowell,  Patter- 
son, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shober,  Sinclair, 
Singeltary,  Spake,  Stallings,  Summers,  Thorne,  Turner, 
Yaughan,  Watts,  Wilcox,  Wilson,  Withers  and  Woodfin. 

Nays — Messrs.  Badger,  Barrow,  Bell,  Bliven,  Boyd,  Bul- 
lock, Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Goodwin, 
Hodge,  Horton,  Justice,  Mannix,  McCabe,  McDonald,  Mun- 
den,  Page,  Smythe  and  Wheeler. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Avery,  Barringer,  Bunn,  Byrd,  Cooper, 
Dobson,  Dockery,  Jarvis,  Jones  of  Y^adkin,  Jordan,  Kerr, 
King  of  Pitt,  Kirby,  Lehman,  Mabson,  Manning  of  Chatham, 
Marshall,  O'Hara,  Scott  of  Jones,  Shepherd,  Strowd,  Taylor 
and  Young. 


CONTENTION  OF  1875.  115 

The  ordinance  then  passed  the  second  time.  Yeas  77,  nays 
20,  as  follows : 

Yeas — Mr.  President,  Messrs.  Allison,  Allraan,  Anderson 
of  Clay,  Anderson  of  Madison,  Barrow,  Bateman,  Bean,  Ben- 
nett, Bingham,  Blocker,  Bowman,  Bullock,  Buxton,  Carter, 
Clingraan,  Coleman,  Cowell.  Cunningham,  Dnla,  Turhara, 
Everett,  Faircloth,  Faison,  Farrior,  French,  George,  Grant- 
ham, Green,  Hampton,  Harrington,  Hassell,  Hender.-on,  Hin- 
nant,  Hoffman,  Hulton,  Horton,  Jones  of  Caldwell,  Justice, 
Xing  of  Lenoir,  Love,  Lowe,  Manning  of  New  Hanover, 
Marshall,  Massey,  McCanless,  McCorkle,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  Nowell,  Patterson,  Price,  Red- 
wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates, 
Rnmle}7,  Scott  of  Onslow,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Summers,  Thorne,  Turner,  Yaughan,  Watts,  Wilcox, 
Wilson,  Withers  and  Woodfin. 

Nays — Messrs.  Badger,  Bell,  Bliven,  Boyd,  Bryan,  Gary, 
Chamberlain,  Crosby,  Davis,  Dixon,  Goodwin,  Hodge,  Man- 
nix,  McCabe,  McDonald.  Munden,  Page,  Smytke,  Tourgee 
and  Wheeler. 

The  following  delegates  were  paired  : 

Messrs.  Albertson,  Avery,  Barringer,  Bunn,  Byrd,  Dobson, 
Dockery,  Jarvis,  Jones  of  Yadkin,  Jordan,  Kerr,  King  of 
Pitt,  Kirby,  Lehman,  Mabson,  Manning  of  Chatham,  O'Hara, 
Scott  of  Jones,  Shepherd,  Strowd,  Taylor  and  Young. 

Mr.  Durham  moved  to  suspend  the  rules  and  put  the  ordi- 
nance on  its  third  reading. 

The  motion  prevailed,  and  the  ordinance  was  read  and 
passed  the  third  time. 

The  consideration  of  general  orders  being  in  order,  the  Con- 
vention proceeded  to  the  consideration  of  R.  No.  179  :  Reso- 
lution to  define  the  duties  of  the  Committee  on  Revision. 

The  resolution  was  read  and  passed  the  third  time. 

The  following  ordinance,  reported  as  correctly  enrolled  by 
the  Committee  on  Enrolled  Bills,  was  duly  ratified: 

An  ordinance  to  provide  for  the  payment  of  the  mileage  and 


116  JOURNAL  OF  THE 

per  diem  of  the  officers,  members  and  employees  of  this  Con- 
vention. 

The  Convention  next  entered  upon  the  consideration  of 
O.  No.  129  :  An  ordinance  to  amend  article  four  of  the  Con- 
stitution. 

The  ordinance  was  read  the  third  time. 

Mr.  A  very  offered  the  following  substitute  : 

"The  terms  of  the  Supreme  Court  shall  be  held  in  the  city 
of  Raleigh,  as  heretofore,  until  otherwise  provided  by  the 
General  Assembly." 

Pending  its  consideration,  Mr.  Durham  called  the  previous 
question.     The  call  was  sustained. 

The  yeas  and  nays  were  ordered,  and  the  substitute  was 
adopted.     Yeas  54,  nays  36,  as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Badger,  Barrow,  Bingham,  Bowman,  Carter, 
Clingman,  Coleman,  Cowell,  Dula,  Durham,  Everett,  Faison, 
Farrior,  George,  Green,  Harrington,  Hassell,  Henderson, 
Hoffman,  Horton,  Jones  of  Caldwell,  Justice,  Love,  McCorkle, 
McEichin,  Morehead,  Munden,  Neal,  Nicholson,  Patterson, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Onslow,  Shober,  Sinclair,  Singeltary, 
Spake,  Stalling*,  Summers,  Vaughan,  Watts,  Wheeler,  Wil- 
cox, Wilson,  Withers  and  Woodtin. 

Nays — Messrs.  Bateman,  Bean,  Bell,  Bennett,  Bliven, 
Blocker,  Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Crosby,  Cun- 
ningham, Davis,  Dixon,  Faircloth,  Goodwin,  Grantham,  Hin- 
nant,  Hodge,  Holton,  Kerr,  King  of  Lenoir,  Lowe,  Mannix, 
Manning  of  New  Hanover,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Motz,  Nowell,  Page,  Price,  Smythe  and  Thome.. 

The  following  delegates  were  paired  off : 

Messrs.  Albertson,  Avery,  Barringer,  Bimn,  Byrd,  Dobson, 
Dockery,  Jarvis,  Jones  of    Yadkin,  Jordan,  Kerr,  King  of 


CONVENTION  OF  1875.  117 

Pitt,  Kirby,  Lehman,  Manning  of  Chatham,  Marshall,  O'Hara, 
Scott  of  Jones,  Shepherd,  Strewd,  Taylor  and  Yonng. 

Mr.  Chamberlain  was  by  general  consent  excused  from 
voting. 

Mr.  Durham  then  demanded  the  previous  question  on  the 
passage  of  the  ordinance  the  third  time. 

The  call  was  sustained,  and  the  ordinance  was  read  and 
passed  the  third  time,  yeas  53,  nays  37,  as  follows : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Badger,  Barrow,  Bingham,  Bowman,  Cling- 
man,  Coleman,  Cowell,  Dula,  Durham,  Everett,  Faison,  Farrior, 
George.  Green,  Hampton,  Harrington,  Hassell,  Henderson, 
Hoffman,  Horton,  Jones  of  Caldwell,  Love,  McCorkle,  Mc- 
Eachin,  Morehead,  Neal,  Nicholson,  Patterson,  Price,  Bed- 
wine,  Reid,  Robbins,  Huberts  of  Davidson,  Roberts  ot  Gat  -s, 
Rnmley,  Scott  of  Onslow,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Summers,  Vaughan,  Watts,  Wheeler,  Wilcox,  Wil- 
son, Withers  and  Woodfin. 

Nats — Messrs.  Bateman,  Bean,  Bell,  Bennett,  Bliven, 
Blocker,  t^oyd,  Bullock,  Buxton,  Bryan,  Cary,  Crosby,  Cun- 
ningham, Davis,  Dixon,  Faircloth,  French,  Goodwin,  Granth- 
am, Hinnant,  Hodge,  Holton,  King  of  Lenoir,  Lowe,  Mannix, 
Manning  of  New  Hanover,  Massey,  MoCabe,  McCanless, 
McDonald,  Motz,  Munden,  Nowell,  Page,  Smythe,  Thorne 
and  Tonrgee. 

The  following  delegates  were  paired  : 

Messrs.  Albertsem,  Avery,  Barringer,  Bunn,  Byrd,  Dobson, 
Dockery,  Jarvis,  Jones  of  Yadkin,  Jordan,  Kerr,  King  ot 
Pitt,  Kirby,  Lehman,  Mabson,  Manning  of  Chatham,  Marshall, 
O'Hara,  Scott  of  Jones,  Shepherd,  Strowd,  Taylor  and  Young. 

At  12  M.,  the  Chair  announced  that  the  hour  had  arrived 
for  the  special  order,  to-wit :  O.  No.  17:  An  ordinance  to  re- 
move the  disabilities  of  William  W.  Holden. 

The  ordinance  was  read  the  second  time. 

Mr.  Avery  offered  a  substitute,  and  moved  that  it,  together 


118  JOURNAL  OF  THE 

with  the  ordinance,  be  referred  to  the  Committee  on  the  Ex- 
ecutive Department. 

The  substitute  reads  as  fol  ows  : 

H  "  Be  it  7'esolved  by  the  people  of  North  Carolina  in  Con- 
vention assembled.  That  no  person,  who  has  been  or  hereafter 
may  be  convicted  on  a  trial  of  impeachment,  shall  be  par- 
doned unless  a  bill  to  pardon  such  person  shall  have  been 
agreed  to  by  a  majority  of  the  whole  number  of  members  of 
each  House  respectively  of  the  General  Assembly,  nor  shall 
any  person  so  convicted,  be  so  pardoned  until  five  years_shall 
have  elapsed  after  such  conviction." 

Pending  the  consideration  of  this  substitute,  on  motion,  the 
Convention  adjourned  until  10  A.  M.  to-morrow. 


SIXTEENTH  DAY. 

Thursday,  September  23,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
chair. 

Prayer  was  offered  by  the  Rev.  Dr.  M.  M.  Marshall. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Hoffman,  until  Tuesday  next ; 

To  Mr.  French,  until  Monday  next ; 

To  Mr.  Strowd,  until  Tuesday  next. 

Mr.   French    and   Mr.   Strowd  paired    off  until    Tuesday 
morning. 

Reports   from    Standing   Committees   were   submitted,   as-' 
follows : 


CONVENTION  OF  1875.  119 

From  the  Committee  on  Revision  : 

By  Mr.  Reid,  O.  No.  193:  An  ordinance  to  submit  to  the 
people  the  amendments  to  the  Constitution  adopted  by  this 
Convention,  with  an  accompanying  substitute. 

From  the  Committee  on  the  Legislative  Department : 

By  Mr.  Clingman,  O.  No.  225:  An  ordinance  to  amend 
article  3  of  the  Constitution,  with  an  accompanying  sub- 
stitute. 

A  substitute  for  O.  No.  151  :  An  ordinance  to  amend  sec- 
tion 25,  article  2,  of  the  Constitution  ;  and  O.  No.  202:  An 
ordinance  to  amend  section  25,  article  2,  of  the  Constitution. 

From  the  Committee  on  Municipal  Corporations  : 

By  Mr.  Shepherd,  R.  No.  128:  Resolution  declaring  that 
article  7  of  the  Constitution  ought  to  be  abrogated,  with  a  re- 
commendation that  it  do  not  pass. 

O.  No  214  :  An  ordinance  to  amend  section  6,  article  12, 
of  the  Constitution,  with  a  recommendation  that  it  do  not 
pass. 

The  following  ordinances  were  introduced,  read  and  passed 
the  first  time,  and  referred  or  otherwise  disposed  of,  as  follows: 

By  Mr.  Stallings :  An  ordinance  to  amend  section  3,  article 
5,  of  the  Constitution,  in  relation  to  a  Department  of  Agri- 
culture, &c,  providing  for  the  levy  of  a  special  tax  on  dogs  to 
and  in  the  support  of  the  Department  of  Agriculture,  Immi- 
gration and  Statistics,  and  for  the  protection  of  sheep  hus- 
bandry. To  the  Committee  on  Revenue,  Taxation  and  the 
Public  Debt. 

By  Mr.  Avery  :  An  ordinance  to  provide  for  establishing 
and  working  the  public  roads.  To  the  Committee  on  Muni- 
cipal Corporations. 

Mr.  Reid  moved  to  suspend  the  rules  and  place  on  its  second 
reading  O.  No.  193:  .  An  ordinance  to  submit  to  the  people 
the  amendments  to  the  Constitution  adopted  by  this  Conven- 
tion. 

The  ordinance  was  read. 

The  question  recurred   on   the   adoption   of  the   substitute 


120  JOURNAL  OF  THE 

proposed  by  the  Committee  on  Revision,  and  it  was  adopted ; 
and  the  ordinance,  as  amended  by  the  substitute,  passed  the 
second  time. 

Mr.  Reid  moved  that  the  ordinance  be  printed,  and  that  it 
be  made  the  special  order  for  Saturday,  the  25th  inst.  at  11 
A.  M. 

The  motion  to  print  and  make  the  special  order  prevailed. 

Mr.  Manning,  of  Chatham,  from  the  Committee  on  Privi- 
leges and  Elections,  submitted  a  majority  report  on  R.  No.  56  : 
A  resolution  in  relation  to  the  seats  of  the  delegates  from  Robe- 
son county. 

Mr.  Chamberlain,  from  the  same  committee,  submitted  a 
minority  report. 

Mr.  Manning,  of  Chatham,  moved  that  both  reports  be 
printed. 

The  motion  prevailed. 

Mr.  Buxton  moved  to  postpone  the  further  consideration  of 
the  subject,  and  make  it  the  special  order  for  12  M.,  on  Satur- 
day, of  the  present  week. 

Mr.  Manning,  of  Chatham,  moved  to  amend  by  striking  out 
"12  M.,  on  Saturday,"  and  inserting  "Tuesday,  12  M." 

Upon  this  motion  the  yeas  and  nays  were  ordered,  and  the 
amendment  to  make  the  ordinance  the  special  order  for  12 
o'clock,  Tuesday,  prevailed.     Yeas  55,  nays  54,  as  follows : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Byrd,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  Love,  Manning  of  Chat- 
ham, Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal, 
Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts 
of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow, 
Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Sum- 
mers, Turner,  Yaughan,  Watts,  Wilson  and  Withers — 55. 

Nays. — Messrs.  Badger,  Barringer,  Barrow,  Bateman,Bean, 
Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,   Bullock,  Bux- 


CONVENTION  OF  1875.  121 

ton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dock- 
ery,  Dula,  Fairclotb,  French,  Goodwin,  Grantham,  Hampton, 
Hinnant,  Hodge,  Hofl'man,  Holton,  Ilorton,  Justice,  Kerr, 
King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Mannix,  Manning 
of  New  Hanover,  Massey,  McCabe,  McCanless,  McDonald, 
Mnnden,  Nowell,  O'Hara,  Page,  Smythe,  Thorne,  Tourgee, 
Wheeler,  Wilcox,  Woodfin  and  Young — 54. 

The  following  delegates  were  paired  : 

Messrs.  Albertson,  Bunn,  Dobson,  Jones  of  Yadkin,  Jordan, 
King  of  Pitt,  Kirby,  Scott  of  Jones,  Strowd  and  Taylor. 

The  following  resolutions,  reported  as  correctly  enrolled  by 
the  Committee  on  Enrolled  Bills,  were  duly  ratified  in  open 
Convention  : 

Resolution  of  instruction  to  the  Secretary  of  the  Conven- 
tion ; 

Resolution  concerning  the  Journal ; 

Resolution  in  relation  to  the  funeral  expenses  ot  Hon.  W. 
A.  Graham. 

The  unfinished  business  of  yesterday  being  in  order,  the 
Convention  entered  into  the  consideration  of  ordinance  17  : 
An  ordinance  to  remove  the  disabilities  of  William  W.  Holden. 

The  question  recurred  upon  Mr.  Avery's  motion  to  re- 
commit, which  was  the  pending  motion  when  the  Convention 
adjourned  the  preceding  day. 

After  several  hours  discussion  of  the  motion,  Mr.  Jarvis 
called  the  previous  question. 

Thereupon  Mr.  Durham  moved  that  the  Convention  do  now 
adjourn. 

The  question  recurred  first  upon  the  motion  to  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed, 
yeas  56,  nays  50,  as  follows  : 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Bux- 
ton, Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon, 
Dockery,  Dula,  Durham,  Faircloth,  French,  Goodwin,  Grant- 
ham, Hampton,  Hinnant,  Hodge,  Hoifman,  Holton,  Horton, 


122  JOURNAL  OF  THE 

Justice,  Kerr,  King  of  Lenoir,  Lowe,  Mannix,  Manning  of 
New  Hanover,  Massey,  McCabe,  McCanless,  McDonald,  Mun- 
den,  Nowell,  O'PIara,  Page,  Smythe,  Spake,  Thorne,  Tourgee, 
Vanghan,  Wheeler,  Wilcox,  Wilson,  Woodfin  andYonng — 56. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Byrd,  Carter, 
Clingnian,  Coleman,  Cooper,  Cowell,  Cunningham,  Everett, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Slallings,  Summers,  Turner, 
Watts  and  Withers — 50. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Bunn,  Dobson,  Jones  of  Yadkin,  Jor- 
dan, King  of  Pitt,  Kirov,  Scott  of  Jones,  Strowd  and  Taylor. 

Thereupon  the  Convention  stood  adjourned  until  10  A.  M. 
to-morrow. 


SEVENTEENTH  DAY. 

Friday,  September  24,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  the  Rev.  C.  B.  Hassell. 

The  Journal  of  yesterday  was  read  and  approved. 

Mr.  Badger  moved  that  the  Committee  on  Contingent  Ex- 
penses be  authorized  to  employ  two  servants,  at  a  rate  not  ex- 
ceeding two  dollars^/1  diem,  to  wTait  upon  the  Convention. 

The  motion  prevailed. 


CONVENTION  OF  1875.  123 

Mr.  Jnstice  was  granted  leave  of  absence  until  "Wednesday 
next.  Mr.  Neal  was  announced  as  having  paired  with  him 
until  Tuesday  next. 

Reports  from  standing  committees  were  submitted  as 
follows : 

From  the  Committee  on  the  Executive  Department : 

By  Mr.  Reid  :  For  ordinances  and  resolutions  Nos.  44,  47, 
50  and  110,  a  substitute  recommended  by  a  majority  of  the 
Committee,  proposing  to  amend  section  1,  article  3,  of  the 
Constitution,  so  as  to  abolish  the  office  of  Lieutenant  Gover- 
nor, and  to  change  the  terms  of  the  Governor,  Secretary  of' 
State,  Auditor,  Treasurer,  Superintendent  of  Public  Instruc- 
tion and  Attorney  General,  to  two  years. 

By  Mr.  Munden  :  A  minority  report  upon  the  bills  above 
mentioned,  recommending  that  they  do  not  pass,  as,  in  their 
opinion,  no  relief  or  benefit  can  result  to  the  people  from  the 
proposed  changes. 

From  the  Executive  Committee  : 

By  Mr.  Reid  :  R.  No.  51  :  Resolution  concerning  pardoning 
power  in  cases  of  impeachment,  with  an  accompanying  sub- 
stitute ; 

R.  No.  81  :  Resolution  instructing  the  Committee  on  the 
Executive  Department  to  amend,  make  certain  and  define 
divers  sections  of  the  Constitution,  with  a  request  that  the 
Committee  be  discharged  from  its  further  consideration. 

R.  No.  71:  Resolution  to  amend  article  3,  section  1,  of  the 
Constitution,  abolishing  the  office  of  Attorney  General,  with 
a  recommendation  that  it  do  not  pass ; 

O.  No.  149  :  An  ordinance  to  reduce  the  salaries  of  the 
executive  officers  of  the  State,  with  a  recommendation  that  it 
do  not  pass ; 

R.  No.  1S6  :  Resolution  to  fix  the  salaries  of  Judges  of  the 
Superior  Court  at  two  thousand  dollars  per  annum,  with  a 
recommendation  that  it  do  not  pass ; 

R.  No.  45  :  Resolution  to  alter  section  10,  article  3,  of  the; 
Constitution,  with  an  accompanying  substitute  ; 


124  JOURNAL  OF  THE 

O.  No.  105 :  An  ordinance  to  revise  article  3,  section  1,  of 
the  Constitution,  with  a  recommendation  that  it  do  not  pass; 

R.  No.  46 :  Resolution  to  alter  section  2,  article  3,  of  the 
Constitution,  with  a  request  that  the  Committee  be  discharged 
from  its  further  consideration  ; 

O.  No.  210:  An  ordinal  ce  to  amend  section  1,  article  3,  of 
the  Constitution,  with  a  recommendation  that  it  do  not  pass  ; 

O.  No.  43  :  An  ordinance  relating  to  the  Governor's  occu- 
pying the  Executive  Mansion,  with  a  recommendation  that  it 
do  not  pass. 

From  the  Committee  on  the  Legislative  Department: 

By  Mr.  Clingman,  O.  No.  218  :  An  ordinance  to  amend  sec- 
tion 13,  article  2,  of  the  Constitution,  prohibiting  specia1  leg- 
islation, with  a  recommendation  that  after  being  amended  by 
striking  out  the  words  "  incorporating  towns  or  changing  their 
charters,"  it  do  pass  ; 

O.  No.  197  :  An  ordinance  to  amend  article  7  of  the  Con- 
stitution, to  abolish  the  registration  of  electors  and  to  allow 
electors  to  vote  at  any  election  precinct  in  the  county  in  which 
t'^ey  reside,  with  a  recommendation  that  it  do  not  pa?s  ; 

O.  No.  212  :  An  ordinance  in  relation  to  the  establishing  of 
new  counties  by  the  General  Assembly,  to  add  a  new  section 
to  Legislative  Department ;  with  a  recommendation  that  it  do 
pass; 

O.  No.  211  :  An  ordinance  entitling  Bertie  county  to  two 
members  in  the  House  of  Representatives  of  the  General  As- 
sembly ;  with  a  recommendation  that  it  do  not  pass ; 

From  the  Committee  on  the  Judicial  Department: 

By  Mr.  Bennett,  R.  No.  121:  Resolution  to  abrogate  and 
annul  sections  15,  16  and  17,  of  the  Constitution  ;  with  a  re- 
■commendation  that  it  do  pass. 

R.  No.  119:  Resolution  to  abrogate  and  annul  section  19, 
article  4,  of  the  Constitution  ;  with  an  accompanying  sub- 
stitute. 

The  following  ordinances  and  resolutions  were  introduced, 


CONVENTION  OF  1875.  125 

read  and  passed  the  first  time,  and  referred    or  otherwise  dis- 
posed of,  as  follows : 

By  Mr.  Green  :  An  ordinance  to  amend  article  4,  section 
29,  of  the  Constitution,  so  as  to  provide  for  the  election  of  the 
Attorney  General  and  the  Solicitors  of  the  several  Judicial 
Districts  of  this  State  by  joint  ballot  of  both  Houses  of  the 
General  Assembly.  To  the  Committee  on  the  Judicial  De- 
partment. 

By  Mr.  Avery :  An  ordinance  to  amend  section  33,  ar- 
ticle 4,  of  the  Constitution,  regarding  the  jurisdiction  of  Jus- 
tices of  the  Peace,  proposing  to  abrogate  and  annul  the 
whole  section. 

The  unfinished  business  of  yesterday  being  in  order,  the 
Convention  resumed  the  consideration  of  O.  No.  17:  An  or- 
dinance to  remove  the  disabilities  of  William  W.  Holden. 

The  pending  question  was  the  call  for  the  previous  ques- 
tion. 

The  question  was  put,  and  the  call  was  not  sustained. 

The  question  then  recurred  on  the  motion  to  re  commit  the 
ordinance  together  with  the  proposed  substitute. 

Before  a  decision  of  the  question  was  reached,  or  any  amend- 
ment made  to  the  substitute,  Mr.  Avery  ofiered  to  withdraw 
the  substitute,  together  with  his  motion   to  re-commit. 

Mr.  Tourgee  objected  on  the  ground  that  the  motion  and 
the  substitute  being  in  possession  of  the  House,  they  could 
not  be  withdrawn  without  the  leave  of  the  House. 

The  Chair  decided  that  under  Rule  IX  of  the  Rules  of 
Order  of  this  Convention,  Mr.  Avery  had  a  right  to  withdraw 
his  motion  and  the  substitute  proposed  by  himself,  there  having 
been  no  decision  or  amendment  as  to  either. 

Thereupon,  Mr.  Tourgee  appealed  from  the  decision  of  the 
Chair  to  that  of  the  House. 

The  question,  "  Shall  the  decision  of  the  Chair  stand  for  the 
decision  of  the  House?"  was  put;  and  the  yeas  and  nays  be- 
in^  ordered,  was  decided  in  the  affirmative.  Yeas  91,  nays 
15,  as  follows: 


126  JOURNAL  0F  THE 

Yeas: — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  P»adger,  Barrow,  Bate- 
man,  Bell,  Bennett,  Bingham,  Black,  Bowman,  Bullock,  Bnnn, 
Buxton,  Byrd,  Carter,  Chamberlain,  Clingman,  Coleman, 
Cooper,  Cowell,  Crosby,  Cunningham,  Davis,  Dixon,  Dockery, 
Dula,  Durham,  Everett,  Faircloth,  Faison,  Farrior,  George, 
"Goodwin,  Grantham,  Green,  Hampton,  Harrington,  Hassell, 
Henderson,  Hinnant,  Holton,  Horton,  Jarvis,  Jones  of  Cald- 
well, Jordan,  Justice,  King  of  Lenoir,  King  of  Pitt,  Kirby, 
Lehman,  Love,  Manning  of  Chatham,  Marshall,  Massey,  Mc- 
Corkle,  MeEaehin,  Morehead,  Motz,  Neal,  Nicholson,  Nowell, 
O'Hara,  Page,  Patterson,  Price,  Redwine,  Reid,  Bobbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Scott  of  Jones,  Scott 
of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Summers,  Thorne,  Turner,  Vanghan,  Watts,  Wilcox, 
Wilson,  Withers  and  Woodfin. 

Nays—  Messrs.  Barringer,  Bean,  Bliven,  Bryan,  Cary, 
Hodge,  Lowe,  Mannix,  Manning  of  New  Hanover,  McCabe, 
■McCanless,  McDonald,  Taylor,  Tourgee  and  Wheeler. 

The  following  delegates  were  paired  off: 

Messrs.  Dobson,  French,  Jones  of  Yadkin  and  Strowd. 

Mr.  Avery  then  withdrew  his  substitute  and  the  motion  to 
?re  commit. 

The  question  recurred  upon  the  passage  of  the  ordinance 
'4he  second  time. 

After  several  hours  debate,  Mr.  Morehead  demanded  the 
^previous  question. 

The  call  was  sustained. 

The  yeas  and  nays  were  ordered,  and  the  ordinance  was 
rejected,  yeas  53,  nays  56,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Bowman,  Boyd,  Bullock,  Buxton,  Bryan, 
•Gary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery,  Dula, 
-Durham,  Faircloth,  Goodwin,  Grantham,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Holton,  Horton,  Jordan,  Justice,  Kerr, 
IKing  of  Lenoir,   Lowe,   Mabson,   Mannix,  Manning  of  New 


CONVENTION  OF  1875.  127 

Hanover,  Massey,  McCabe,  McCanless,  McDonald,  Munden, 
Nowell,  O'llara,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thome,  Tourgee,  Wheeler,  Wilcox,  Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clayr  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car- 
ter, Clingmau,  Coleman,  Cooper,  Cowell,  Cunningham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kir  by, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  MeEachin, 
Murehead,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Scott 
of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Summers,  Turner,  Vaughan,  Watts,  Wilson  and 
Withers. 

The  following  delegates  were  paired  off: 

Mr.  President  with  Mr.  Barringer ; 

Mr.  Dobson  with  Mr.  Jones,  of  Yadkin; 

Mr.  French  with  Mr.  Strowd. 

Mr.  Blocker  was,  by  general  consent,  excused  from  voting. 

The  Convention  then  proceeded  to  the  consideration  of  the 
special  order  of  the  day,  to-wit: 

O.  No.  154:  An  ordinance  to  reduce  the  number  of  State 
Senators  to  twenty-five. 

The  ordinance  was  read  the  second  time. 

Mr.  Badger  moved  that  the  ordinance  be  printed  and  made 
the  special  order  for  Wednesday  next,  at  12  M. 

The  motion  prevailed. 

Mr.  Durham  moved   that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed. 
Yeas  57,  nays  53,  as  follows  : 

Mr.  President,  Messrs.  Albertson,  Badger,Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd, 
Bullock,  Buxton,  Bryan,  Byrd,  Cary,  Chamberlain,  Coleman, 
Crosby,  Cunningham,  Davis,  Dixon,  Dockery,  Dula,  Durham, 
Everett,  Faircloth,  Goodwin,  Grantham,  Green,  Hodge, 
Holton,  Horton,  Justice,  King  of  Lenoir,  Lowe,  Manning  of 


128  JOURNAL  OF  THE 

Chatham,  Manning  of  .New  Hanover,  McCabe,  McCanless, 
McDonald,  Munden,  Nowell,  O'Hara,  Page,  Seott  of  Jones, 
Shober,  Smythe,  Taylor,  Thorne,  Tourgee,  Yaughan,  Wilcox, 
Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,    Avery,    Bennett,    Bingham,    Bnnn,    Carter 
Clingman,  Cooper,  Cowell,  Faison,  Farrior,  George,  Green 
Harrington,  Hassell,   Henderson,  Hinnant,  Jarvis,  Jones  of 
Caldwell,  Jordan,  Kerr,  King  of  Pitt,  Kirby,  Love,  Mannix 
Marshall,  Massey,  McCorkle,  McEachin,  Morehead,  Motz,  ISeal' 
Nicholson,  Patterson,  Price,  Redwine,    Reid,   Robbins,    Rob- 
erts of  Davidson,  Roberts  of  Gates,  Scott  of  Onslow,  Shepherd? 
Sinclair,    Singeltary,    Stallings,    Summers,    Turner,    Watts, 
Wheeler  and  Withers. 

Thereupon  the  Convention  stood  adjourned  until  to-morrow 
at  10  A.M. 


EIGHTEENTH  DAY. 

Saturday,  September  25,  1875. 

The  Convention   assembled  at  10   A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  Rev.  Dr.  Atkinson. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows: 

To  Mr.  Young  two  days,  including  to-day. 

To  Mr.  Faircloth,  leave  for  to  day. 

To  Mr.  Lowe,  until  Wednesday  next. 

To  Mr.  Price,  indefinite  leave. 

To  Mr.  Harrington,  until  Tuesday  next. 

To  Mr.  Boyd,  until  Wednesday. 


CONVENTION  OF  1875.  12» 

The  following  delegates  were  paired  ofi  : 

Mr.  Young  with  Mr.  Withers,  and  Mr.  Lowe  with  Mr. 
Bowman. 

Mr.  Mabson  was  permitted  to  have  his  vote  recorded  in  the 
affirmative  on  the  passage  of  the  ordinance  to  remove  the  dis- 
abilities of  William  W.  Holden. 

Reports  from  standing  committees  were  submitted  as 
follows : 

From  the  Committee  on  a  Preamble  and  Bill  of  Bights : 

By  Mr.  Turner,  R.  No.  42  :  Resolution  to  rescind  section 
37,  article  1,  of  tlie  Constitution  ;  with  a  recommendation  that 
it  do  nut  pass; 

O.  No.  108:  An  ordinance  to  amend  the  5th  section  of  the 
1st  article  of  the  Constitution,  relating  to  the  allegiance  of  the 
people  of  this  State;  with  a  recommendation  that  it  do  not 
pass ; 

O.  No.  172:  An  ordinance  to  amend  section  10,  article  1,  of 
the  Constitution  ;  with  a  recommendation  that  it  do  not  pass  ; 

O.  No.  160 :  An  ordinance  to  amend  section  5,  of  article  6, 
of  the  Constitution  ;  with  a  recommendation  that  it  do  not 
pass ; 

O.  No.  198  :  An  ordinance  to  amend  section  24,  article  1, 
of  the  Constitution  ;  with  a  recommendation  that  it  do  not 
pass  ; 

O.  No.  200  :  An  ordinance  to  amend  section  6,  article  1,  of 
the  Constitution  ;  with  an  accompanying  substitute. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  parsed  the  first  time,  and  referred,  or  otherwise  dis1- 
posed  of,  as  follows  : 

By  Mr.  Manning,  of  Chatham  :  A  resolution  to  add  three 
sections  to  article  4  of  the  Constitution,  concerning  the  re- 
moval of  incapable  Judges,  by  a  concurrent  resolution  of  two- 
thirds  of  both  houses  of  the  General  Assembly.  To  the  Com- 
mittee on  the  Judicial  Department. 

By  Mr.  Kerr :  An   ordinance  to   prohibit   secret  political 
9 


130  JOURNAL  OF  THE 

organizations  in  North  Carolina.  To  the  Committeee  on  a 
Preamble  and  Bill  of  Rights. 

By  Mr.  Spake:  An  ordinance  to  amend  article  13  of  the 
Constitution,  so  as  to  submit  the  call  of  a  Convention  of  the 
people  of  North  Carolina  to  the  qualified  voters  of  the  State. 
To  the  Committee  on  Amendments. 

By  Mr.  Turner:  An  ordinance  to  prevent  the  sale  of  the 
State's  interest  in  its  railroad  property.  To  the  Committee 
on  Miscellaneous  Provisions. 

By  Mr.  Summers:  An  ordinance  to  strike  out  section  1, 
article  14,  of  the  Constitution.  To  the  Committee  on  Miscel- 
laneous Provisions. 

By  Mr.  Page:  A  resolution  abolishing  the  office  of  Assis- 
tant Enrolling  Clerk.     E'laced  on  the  calendar. 

The  consideration  of  General  Orders  being  in  order,  the 
Convention  entered  upon  the  consideration  of  ordinance  28  : 
To  amend  section    3  of  the  9th  article  of   the  Constitution. 

The  ordinance  was  read  the  second  time. 

The  question  recurring  upon  the  substitute  proposed  by  the 
Committee  on  Education,  it  was  withdrawn. 

Mr.  Morehead  offered  the  following  amendment,  in  the 
nature  of  a  substitute  : 

"  Amend  section  2  of  the  9th  article  of  the  Constitution,  by 
adding  the  following  words,  'and  the  children  of  the  white 
race,  and  the  children  of  the  colored  race,  shall  be  taught  in 
separate  public  schools ;  but  there  shall  be  no  discrimination 
made  in  favor,  or  to  the  prejudice  of  either  race." 

Mr.  Crosby  offered  the  following  amendment,  in  the  nature 
of  a  proviso  : 

"  Provided,  That  colored  children  shall  have  equal  advan- 
tages with  white  children  in  their  vicinage,  and  that  all  monies 
raised  for  school  purposes  shall  be  ratiably  divided  between 
white  and  colored  children  of  each  race  within  school  ages." 


CONVENTION  OF  1875.  131 

Pending  the  consideration  of  the  question,  the  Chair 
announced  that  the  hour  had  arrived  for  the  special  order, 
te-wit : 

O.  No.  193  :  An  ordinance  to  submit  to  the  people  the 
amendments  to  the  Constitution  adopted   by  this  Convention. 

The  ordinance  was  read  the  third  time. 

Mr.  Tourgee  offered  the  following  amendment: 

"  In  line  13,  1st  section,  strike  out  'ratification,'  and  insert 
'for  the  amendments.'  In  same  line  strike  out  'rejection,' 
and  insert  'against  the  amendments.'  " 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected,  yeas  49,  nays  53,  as  follows : 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Bowman,  Blocker,  Boyd,  Bullock,  Buxton^ 
Bryan,  Cary,  Chamberlain,  Crosbj7,  Davis,  Dixon,  Dockery, 
Pula,Goodwin,  Grantham,  Hampton, Hinnant,  Hodge,  Holton, 
Horton,  Jordan,  Kerr,  King  of  Lenoir,  Lehman,  Mabson, 
Mannix,  Manning  of  New  Hanover,  Massey,  McCabe,  McCan- 
less,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Smythe, 
Taylor,  Thorne,  Tourgee,  Wilcox  and  Woodlin — 49. 

Nays — :Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay.  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bnnn, 
Byrd,  Carter,  Clingman,  Cooper,  Cowell,  Cunningham,  Everett, 
Faison,  Farrior,  George,  Green,  Hassell,  Henderson,  Jarvis, 
Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of 
Chatham,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz, 
Nicholson,  Patterson,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Summers, 
Turner,  Yaughan,  Watts  and  Wilson — 53. 

The  following  delegates  were  paired  off: 

Messrs.  Coleman,  Dobson,  French,  Harrington,  Jones  of 
Yadkin,  Justice,  Lowe,  Neal,  Price.  Scott  of  Jones,  Strowd, 
Wheeler,  Withers  and  Young. 


132  JOURNAL  OF  THE 

Mr.  Boyd  offered  the  following  amendment : 

"  Strike  out  '  as  a  whole '  in  line  5,  and  insert  after  '  six  y  in 
Km  8,  that  '  each  amendment  proposed  shall  be  submitted  as 
a  separate  proposition  and  voted  upon  in  that  manner.'" 

Pending  its  consideration,  Mr.  Manning,  of  Chatham,  called 
the  previous  question. 

The  call  was  sustained. 

The  question  first  recurred  upon  the  amendment  proposed 
by  Mr.  Boyd. 

The  yeas  and  nays  were  ordered,  and  it  was  rejected,  yeas 
41,  nays  60,  as  follows  : 

Yeas — Messrs.  Barrow,  Bean,  Black,  Bliven,  Blocker,  Bow- 
man, Boyd,  Bullock,  Bryan,  Chamberlain,  Davis,  Dixon,  Dock- 
ery,  Dula,  Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge, 
Holton,  Horton,  Jordan,  Kerr,  King  of  Lenoir,  Lehman, 
Mabson,  Mannix,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanless,  McDonald,  Munden,  Nowell,  O'Hara,  Smythe, 
Taylor,  Thorne,  Tourgee,  Wilcox  and  Woodfin — 41. 

Nays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Barringer,  Bateman,  Bell, 
Bennett,  Bingham,  Bunn,  Buxton,  Byrd,  Cary,  Carter,  Cling- 
man,  Cooper,  Covvell,  Crosby,  Cunningham,  Everett,  Faison? 
Farrior,  George,  Green,  Hassell,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Nicholson, 
Page,  Patterson,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Summers, 
Turner,  Yanghan,  Watts  and  Wilson  —GO. 

The  following  delegites  were  paired  off: 

Messrs.  Badger,  Coleman,  Dobson,  Faircloth,  French,  Har- 
rington, Jones  of  Yadkin,  Justice,  Neal,  Price,  Scott  of  Jones, 
Strowd,  Wheeler,  Withers  and  Young. 

The  question  next  recurred  upon  an  amendment  offered  by 

Mr.  Shepherd,  by  leave  of  the  House. 

The  amendment  reads  as  follows  : 


CONVENTION  OF  1S75.  133 

"  Strike  out  all  in  section  4,  beginning  with  'and'  in  line 
4,  down  to  and  including  'aforesaid'  in  line  8th,  and  insert 
the  following:  '  and  the  printer  to  this  Convention  is  hereby 
directed  to  print  ten  thousand  copies  of  said  amendments, 
which  shall  be  forwarded  to  the  Boards  of  Commissioners  of 
the  several  counties,  in  equal  proportions,  and  by  them  be 
duly  distributed  among  the  people  of  the  counties." 

The  yeas  and  nays  were  ordered,  and  the  amendment,  was 
rejected.     Yeas  20,  nays  77,  as  follows: 

Yeas— Messrs.  Allison,  Allman,  Bennett,  Bingham,  Byrd, 
Carter,  Clingman,  Cooper,  Cunningham,  Farrior,  Hassell, 
Henderson,  Jones  of  Caldwell,  King  of  Pitt,  Love,  Patterson, 
Rumley,  Shepherd,  Shober  and  Wilson. 

Nays — Messrs.  Albertson,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Badger,  Barringer,  Barrow,  Bateman,  Bean, 
Bell,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Bunn,  Buxton, 
Bryan,  Cary,  Chamberlain,  Cowell,  Crosby,  Davis,  Dixon, 
Dula,  Durham,  Everett,  Faison,  George,  Goodwin,  Grantham, 
Green,  Hampton,  Hinnant,  Hodge,  Holton,  Horton,  Jarvis, 
Jordan,  King  of  Lenoir,  Kirby,  Lehman,  Mabson,  Mannix, 
Manning  of  Chatham,  Manning  of  New  Hanover,  Marshall, 
Massey,  McCabe,  McCanless,  McCorkle,  Morehead,  Motz, 
Munden,  Nicholson,  Nowell,  O'FIara,  Page,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Scott  of  Ons- 
low, Sinclair,  Singeltary,  Smythe,  Spake,  Stallings,  Summers, 
Taylor,  Thorne,  Tonrgee,  Vaughan,  Watts,  Wilcox,  Woodfin. 

The  following  delegates  were  paired  off: 

Messrs.  Dobson,  Faircloth,  French,  Harrington,  Jones  of 
Yadkin,  Justice,  Lowe,  Neal,  Price,  Scott  of  Jones,  Strowd, 
Wheeler,  Withers  and  Young. 

The  question  then  recurred  upon  a  second  amendment  of- 
fered by  Mr.  Boyd,  by  leave  of  the  House. 

The  amendment  is  as  follows  : 

"  Strike  out  in  line  5,  the  words  'as  a  whole,'  and  add  after 


134  JOURNAL  OF  THE 

the  word  { seventy-fix,'  in  line  8th,  the  words  '  the  amendments 
proposed  to  each  article  of  the  Constitution  shall  be  classified, 
aud  each  class  submitted  as  a  separate  proposition,  and  voted 
upon  in  that  manner.' " 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  49,  nays  55,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bul- 
lock, Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis,Dixon, 
Dockery,  Dula,  Goodwin,  Grantham,  Hampton,  Hinnant, 
Hodge,  Holton,  Horton,  Jordan,  Kerr,  King  of  Lenoir, 
Lehman,  Mabson,  Mannix,  Manning  of  New  Hanover,  Mas- 
sey,  McCabe,  McCanless,  McDonald,  Munden,  Novvell,0'Hara, 
Smythe,  Taylor,  Thorne,  Tourgee,  Wilcox  and  Woodfin. 

Nays — Mr.  President,  Messrs.  Allison,  Allman,  Anderson  of 
of  Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham,  Bnnn, 
Byrd,Carter,Clitjgman,  Cooper,  Cowell,  Cunningham,  Durham,. 
Everett,  Faison,  Farrior,  George,  Green,  Hassell,  Henderson^ 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Man- 
ning of  Chatham,  Marshall,  McCorkle,  McEachin,  Morehead, 
Motz,  Nicholson,  Page,  Patterson,  Redwine,  Reid,  Robbins, 
Koberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings,  Summers,  Turner,  Vaughan,  Watts  and  Wilson. 

The  following  delegates  were  paired  off: 

Messrs.  Coleman,  Dobson,  Faircloth,  French,  Harrington,, 
Jones  of  Yadkin,  Justice,  Lowe,  Neal,  Price,  Scott  of  Jones, 
Strowd,  Wheeler,  Withers  and  Young. 

The  question  then  recurred  upon  the  passage  of  the  ordi- 
nance the  third  time. 

The  yeas  and  nays  were  ordered,  and  the  ordinance  passed 
its  third  and  last  reading,  yeas  93,  nays  8,  as  follows  : 

Yeas — Messrs.  AJbertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Bennett,  Bingham,  Black,  Bliven,  Blocker,. 


CONVENTION  OF  1875.  135 

Bowman,  Boyd,  Bullock,  Bunn,  Buxton,  Bryan,  Byrd,  Cary, 
Carter,  Chamberlain,  Clingman,  Cooper,  Cowell,  Crosby,  Cun- 
ningham, Davis,  Dockery,  Dnla,  Durham,  Everett,  Faison, 
Farrior,  George,  Green,  Hampton,  Hassell,  Henderson,  Hin- 
naut,  Holton,  Horton,  Jarvis,  Jones  of  Caldwell,  Jordan, 
Kerr,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Love,  Manning 
of  Chatham,  Manning  of  New  Hanover,  Marshall,  Massey, 
McCanless,  McCorkle,  McDonald,  McEachin,Moiehead,Motz, 
Munden,  Nicholson,  Nowell,  O'Hara,  Page,  Patterson,  Bed- 
wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates, 
Burnley,  Scott  of  (  nslow,  Shepherd,  Shober,  Sinclair,  Singed 
tary,  Smythe,  Spake,  Stallings,  Summers,  Taylor,  Thorne, 
Turner,  Yaughan,  Watts,  Wilcox,  Wilson  and  Woodfin. 

Nats — Messrs.  Badger,  Dixon,  Goodwin,  Grantham,  Leh- 
man, Mabson,  Mannix  and  McCabe. 

The  following  delegates  were  paired  off: 

Messrs.  Coleman,  Dobson,  Faircloth,  French,  Harrington, 
Jones  of  Yadkin,  Justice,  Lowe,  Neal,  Price,  Scott  of  Jones, 
Strowd,  Wheeler,  Withers  and  Young. 

Mr.  Durham  asked  leave  to  withdraw  his  motion  to  recon- 
sider the  vote  by  which  O.  No.  208  :  An  ordinance  to  amend 
section  12,  article  4,  of  the  Constitution,  passed  its  third 
reading. 

Leave  was  granted,  and  the  motion  was  withdrawn. 

On  motion  of  Mr.  Wilcox,  the  Convention  adjourned  until 
10.  A.  M.  Monday. 


NINETEENTH   DAY. 

Monday,  September  27,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
ehair. 


136  JOURNAL  OF  THE 

Prayer  was  offered  by  Rev.  Dr.  Fritchard. 

The  Journal  of  Saturday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Carter,  leave  for  to-day  ; 

To  Mr.  Goodwin,  leave  until  Tuesday  ; 

To  Mr.  Durham,  leave  for  today ; 

To  Mr.  Wilcox,  leave  for  to  day  ; 

To  Mr.  Waddell,  Assistant  Enrolling  Clerk,  leave  from  Sat- 
urday, the  18th,  to  Friday,  the  24th  inst. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  were  referred  or  otherwise 
disposed  of,  as  follows  : 

By  Mr.  Hodge:  An  ordinance  to  amend  section  16,  article 
1,  of  the  Constitution,  prohibiting  the  Legislature  from  pass- 
ing any  usury  law.  To  the  Committee  on  a  Preamble  and 
Bill  of  Rights. 

By  Mr.  Manning,  of  Chatham :  An  ordinance  to  add  a 
section  to  article  4  of  the  Constitution,  providing  that  the 
amendments  to  article  4,  of  the  Constitution,  shall  not  vacate 
any  office  or  term  of  office  now  existing  and  filled  or  held  by 
virtue  of  any  election  or  appointment  under  the  existing  Con- 
stitution and  laws.  To  the  Committee  on  the  Judicial  De- 
partment. 

By  Mr.  Blocker:  A  resolution  to  adjourn  sine  die  on  Mon- 
day, the  4th  day  of  October.     Placed  on  the  calendar. 

Mr.  Jarvis  offered  a  resolution  to  amend  Rule  XII,  of  the 
Rules  of  Order,  by  striking  out  all  after  the  first  period  and 
inserting  the  following : 

"  No  delegate  shall  speak  more  than  once  and  not  more 
than  two  minutes  on  the  same  subject.  He  shall  confine  him- 
self to  the  same  question  and  speak  strictly  in  order.  When 
two  or  more  delegates  rise  at  once,  the  President  shall  name 
the  delegate  to  speak  first." 

Mr.  Jarvis  moved  to  suspend  the  rules  and  put  the  resolu- 
tion on  its  adoption. 


CONVENTION  OF  1875.  137 

The  yeas  and  nays  being  demanded,  the  House  refused  to 
suspend  the  rules.     Yeas  51,  nays  47. 

Yeas — Messrs.  Allison,  Alluian,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bnnn,  Byrd, 
Clingman,  Cowell,  Cunningham,  Everett,  Faison,  Farrior, 
George,  Green,  Hassell,  Henderson,  Jarvis,  Jones  of  Cald- 
well, King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Mar- 
shall, McCorkle,  McEachin,  Morehead,  Motz,  Nicholson,  Pat- 
terson, Red  wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shaber,  Sin 
clair,  Singeltary,  Spake,  Stallings,  Summers,  Turner,  Vaughan, 
Watts,  Wilson  and  Withers. 

Nats — Messrs.  Albertson,  Barringer,  Barrow,  Bean,  Bell, 
Black,  Bliven,  Blocker,  Bowman,  Bullock,  Buxton,  Bryan, 
Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery,  Dula, 
Faircloth,  Grantham,  Hampton,  Hinnant,  Hodge,  Hol- 
ton,  Horton,  Jordan,  Kerr,  King  of  Lenoir,  Lehman, 
Mabson,  Mannix,  Manning  of  New  Hanover,  Massey,  Mc- 
Cabe,  McCanless,  McDonald,  Novvell,  O'Hara,  Page,  Smythe, 
Taylor,  Thome,  Tourgee,  Wilcox,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Messrs.  Badger,  Bateman,  Carter,  Coleman,  Dobson,  Dur- 
ham, French,  Goodwin,  Harrington,  Jones  of  Yadkin,  Justice, 
Lowe,  Neal,  Price,  Scott  of  Jones,  Strowd,  Wheeler  and 
Young. 

The  resolution  was  placed  on  the  calendar. 

The  consideration  of  the  unfinished  business  of  Saturday 
being  in  order,  the  Convention  proceeded  to  the  consideration 
of  O.  No.  2S  :  An  ordinance  to  amend  section  three  (3)  of  the 
ninth  article  (9)  of  the  Constitution. 

The  pending  question  was  the  amendment  proposed  by  Mr. 
Crosby. 

Mr.  Morehead  demanded  the  previous  question. 

The  call  was  sustained. 

The  question  recurring  upon  the  amendment  proposed  by 
Mr.  Crosby,  it  did  not  prevail. 


138  JOURNAL  OF  THE 

The  question  then  recurred  upon  the  amendment  in  the 
nature  of  a  substitute  proposed  by  Mr.  Morehead,  and  it  was 
adopted. 

The  ordinance  then  passed  the  second  time. 

On  motion,  the  rules  were  suspended,  and  the  ordinance  put 
upon  its  final  passage. 

The  ordinance  was  read  the  third  time. 

Mr.  Morehead  demanded  the  previous  question. 

The  call  was  sustained,  and  the  bill  passed  the  third  time. 
Yeas  113,  nays  3,  as  follows : 

Yeas — Mr.  President,  Messrs.  Albertsun,  Allison,  Allman, 
Anderson  of  Clay,  Anderson  of  Madison,  Avery,  Badger, 
Barringer,  Barrow,  Bateman,  Bean,  Bennett,  Bingham,  Black, 
Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Bunn,  Buxton, 
Bryan,  Byrd,  Cary,  Carter,  Chamberlain,  Clingman,  Cole- 
man, Cooper,  Cowell,  Cunningham,  Davis,  Dixon,  Dobson, 
Dockery,  Dula,  Durham,  Everett,  Faircloth,  Faison,  Farrior, 
French,  George,  Grantham,  Green,  Hampton,  Harrington, 
Hassell,  Henderson,  Hinnant,  Hodge,  Hoffman,  Holton,  Hor- 
ton,  Jarvis,  Jones  of  Caldwell,  Jones  of  Yadkin,  Jordan, 
Justice,  Kerr,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Love, 
Lowe,  Mabson,  Manning  of  Chatham,  Manning  of  New  Han- 
over, Marshall,  Massey,  McCabe,  McCanless,  McCorkle,  Mc- 
Donald, MeEachin,  Morehead,  Motz,  Munden,  Neal,  Nichol* 
son,  Nowell,  O'Hara,  Page,  Patterson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Taylor,  Tour- 
gee,  Turner,  Vaughan,  Watts,  Wheeler,  Wilcox,  Wilson, 
Withers,  Woodfin  and  Young. 

Nays — Messrs.  Bell,  Crosby  and  Thome. 

Ordinances  and  resolutions  on  second  reading  were  acted 
upon  as  follows : 

O.  No.  182 :  An  ordinance  to  amend  article  9,  sections  4  and 
7,  of  the  Constitution. 


CONVENTION  OF  1875.  139' 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Hobbins,  laid  upon  the  table. 

O.  No.  175 :  An  ordinance  to  amend  section  4,  article  9,  of 
the  Constitution. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Badger,  laid  upon  the  table. 

O.  No.  172:  An  ordinance  to  amend  section  10,  article  1,  of 
the  Constitution. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Turner,  laid  upon  the  table. 

O.  No.  160 :  An  ordinance  to  amend  section  5,  article  6,  of 
the  Constitution. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Manning,  of  Chatham,  laid  upon  the  table. 

O.  No.  149:  An  ordinance  to  reduce  the  salaries  of  the 
executive  officers  of  the  State. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Young,  laid  upon  the  table. 

O.  No.  108  :  An  ordinance  to  amend  the  5th  section  of  the 
1st  article  of  the  Constitution,  relating  to  the  allegiance  of  the- 
people  of  this  State. 

The  ordinance  was  read  the  second  time,  and,  on  motion^ 
laid  upon  the  table. 

O.  No.  105  :  An  ordinance  to  revise  article  3,  section  1,  of 
the  Constitution. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Mnnden,  laid  upon  the  table. 

R.  No.  48  :  A  resolution  to  amend  section  29,  article  2,  of 
the  Constitution. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Roberts,  of  Gates,  laid  upon  the  table. 

R.  No.  46  :  A  resolution  to  alter  section  2,  article  3,  of  the 
Constitution. 

The  resolution  was  read  the  second  time,  and,  on  motion  or 
Mr.  Avery,  laid  upon  the  table. 


140  JOURNAL  OF  THE 

O.  No  43  :  An  ordinance  relating  to  the  Governor's  occu- 
pying the  Executive  Mansion. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Bean,  laid  upon  the  table. 

R.  No.  42  :  A  resolution  to  rescind  section  37,  article  1,  of 
the  Constitution. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Morehead,  laid  upon  the  table. 

O.  No.  143  :  An  ordinance  to  amend  article  9  of  the  Con- 
stitution, providing  for  the  preservation  and  investment  of 
public  school  funds. 

The  ordinance  was  read  the  second  time. 

The  question  recurred  on  the  adoption  of  the  substitute 
proposed  by  the  Committee  on  Education,  and  it  was  adopted. 

Mr.  Tourgee"  offered  to  amend  by  striking  out  "  and  for 
other  purposes  of  public  education,"  in  the  17th  and  18th 
lines,  and  inserting  "  and  for  no  other  uses  or  purposes  what- 
soever." 

The  amendment  prevailed,  and  the  ordinance  passed  the 
second  time. 

O.  No.  187 :  An  ordinance  to  amend  article  4,  section  14, 
of  the  Constitution,  requiring  Judges  of  the  Superior  Courts 
to  reside  in  the  districts  for  which  they  are  chosen  ;  providing 
for  rotation  in  office,  and  investing  the  General  Assembly 
with  power  to  remove  a  Judge  of  the  Supreme  or  Superior 
Court  for  incapacity. 

The  ordinance  was  read  the  second  time. 

The  question  recurred  on  the  adoption  of  the  substitute 
proposed  by  the  Committee  on  the  Judiciary.  The  substitute 
provides:  "That  section  14,  article  4,  of  the  Constitution, 
shall  read  as  follows  : 

'  That  every  Judge  of  the  Superior  Court  shall  reside  in  the 
district  for  which  he  is  elected.  The  Judges  shall  preside  in 
the  Courts  of  the  different  districts  successively,  but  no  Judge 
shall  hold  the  Courts  in  the  same  district  ot'tener  than  once  in 


CONVENTION  OF  1875  141 

four  years,  but  in  case  of  the  protracted  illness  of  the  .Tudge 
assigned  to  preside  in  any  district,  or  of  any  other  unavoidable 
accident  to  him,  by  reason  of  which  he  shall  become  unable  to 
preside,  the  Governor  may  require  any  Judge  to  hold  one  or 
more  specified  terms  in  said  district,  in  lieu  of  the  Judge  as- 
signed to  hold  the  Courts  of  said  district.' " 

The  substitute  was  read  and  adopted. 

Mr.  Buxton  moved  to  amend  by  striking  out  in  the  8th  line 
the  words  "  four  years  "  and  inserting  "  three  years." 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail.     Yeas  40,  nays  58,  as  fullows  : 

Yeas — Messrs.  Albertson,  Barringer,  Barrow,  Bean,B  ok, 
Bliven,  Blocker,  Bowman,  Bullock,  Buxton,  Bryan,  Cary, 
Crofby,  Davis,  Dixon,  Dockery,  Dula,  Hinnant,  Hodge,  Hoi- 
ton,  Horton,  Joidan,  Kerr,  King  of  Lenoir,  Lehman,  Mabson, 
Manning  of  New  Hanover,  Massey,  McCabe,  McDonald, 
Munden,  Newell,  O'Hara,  Page,  Smythe,  Taylor,  Thorne, 
Tourgee,  Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bell,  Bennett,  Bingham,  Bunn,  Byrd, 
Chamberlain,  Clinginan,  Cooper,  Cowell,  Cunningham,  Eve- 
rett, Faircloth,  Faison.  Fariior,  George,  Grantham,  Green, 
Llampton.  Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Love,  Mannix,  Manning  of  Chatham, 
Marshall,  McCauless,  McCoikle,  McEachin,  Morehead,  Motz, 
Nicholson,  Patterson,  Bedwine,  Reid,  Bobbins,  Roberts  of 
Davidson,  Boberts  of  Gates,  Burnley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Summers, 
Turner,  Yaughan,  Watts,  Wilson  and  Withers. 

The  following  delegates  paired  off: 

Messrs.  Badger,  Bateman,  Carter,  Coleman,  Dobson,  Dur- 
ham, French,  Goodwin,  Harrington.  Jones  <*f  Yadkin,  Justice, 
Lowe,  Neal,  Price,  Scott  of  Jones,  Strowd  and  Wheeler. 

Mr.  Tourgee  offered  to  amend  by   striking  out  in  the  10th 


H2  JOURNAL  OF  THE 

lin  '.  the  words  "  any  other  unavoidable  accident,"  and  insert- 
ing instead  the  words  "  for  any  other  sufficient  reason." 

Pending  its  consideration,  Mr.  Robbins  called  the  previous 
question. 

The  call  was  sustained,  and  the  main   question  was  ordered. 

The  question  recurring  first  upon  the  amendment  proposed 
by  Mr.  Tourgee,  and  the  yeas  and  nays  being  ordered,  the 
amendment  was  rejected,  yeas  39,  nays  54,  as  follows: 

Yeas — Messrs.  Albert-son,  Barringer,  Barrow,  Bean,  Black, 
Bliven,  Blocker,  Buxton,  Bryan,  Cary,  Davis,  Dixon,  Dockery, 
Dula,  Faircloth,  Grantham,  Hampton,  Hinnant,  Holton,  Hor- 
tcn,  Jordan,  Kerr,  King  of  Lenoir,  Mabson,  Manning  of  New 
Hanover,  Massey,  McCabe,  McCanless,  McDonald,  Munden, 
O'Hara,  Page,  Smythe,  Taylor,  Thorne,  Tourgee,  Woodfin 
and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son  of  Madison,  Avery,  Bennett,  Bingham,  Bowman,  Bunn, 
Byrd,  Chamberlain,  Clingman,  Cooper,  Cowell,  Crosby,  Cun- 
ningham, Everett,  Faison,  Farrior,  George,  Green,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Love, 
Mannix,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Nicholson,  Patterson,  Redwine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rnmley,  Scott 
of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
'Stallings,  Summers,  Turner,  Yaughan,  Watts  and  "Withers. 

The  following  delegates  were  paired  oft: 

Messrs.  Badger,  Bateman,  Carter,  Coleman,  Dobson,  Dur- 
ham, French,  Goodwin,  Harrington,  Jones  of  Yadkin,  Justice, 
Lowe,  Neal,  Price,  Scott  of  Jones,  Strowd  and  Wheeler. 

The  question  next  recurred  upon  the  following  amendment, 
which,  by  leave  of  the  House,  was  proposed  by  Mr.  Buxton : 

"  The  General  Assembly  shall  not  vacate  the  office  or  terra 
©f  office  now  existing,  of  any  of  the  Judges,  until  the  present 
term  therein  shall  expire  or  vacancy  occur." 


CONTENTION  OF  1875.  143 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  43,  nays  52,  as  follows: 

Yeas — Messrs.  Albertson,  Barringer,  Barrow,  Bean,  Black, 
Bliven,  Blocker,  Bowman,  Bullock,  Buxton,  Bryan,  Cary, 
Crosby,  Davis,  Dixon,  Dula,  Faircloth,  Grantham,  Hampton, 
Hinnant,  Hodge,  Holton,  Horton,  Jordan,  Kerr,  King  of  Le- 
noir, Lehman,  Mabson,  Mannix,  Manning  of  New  Hanover, 
Massey,  McCabe,  McCanless,  McDonald,  Munden,  Nowell, 
O'Hara,  Page,  Smythe,  Taylor,  Thorne,  Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd, 
Chamberlain,  Clingman,  Cooper,  Cowell,  Cunningham, 
Everett,  Faison,  Farrior,  George,  Green,  Hassell,  Henderson, 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Man- 
ning of  Chatham,  Marshall,  McCorkle,  McEachin,  Morehead, 
Motz,  Nicholson,  Patterson,  Redwine,  Reid,  Robbins,  Roberts 
of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow, 
Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Sum- 
mers, Turner,  Yaugnan,  Watts  and  Withers. 

The  following  delegates  paired  off: 

Messrs.  Badger,  Bateman,  Carter,  Coleman,  Dobson,  Dur- 
ham, French,  Goodwin,  Harrington,  Jones  of  Yadkin,  Jus- 
tice, Lowe,  Neal,  Price,  Scott  of  Jones,  Strowd,  Wheeler  and 
Wilson. 

The  ordinance  then  passed  the  second  time. 

The  Convention  adjourned  until   10  A.  M.  to-morrow. 


TWENTIETH  DAY. 

Tuesday,  September  28,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 


144  JOURNAL  OF  THE 

Prayer  was  offered  by  Rev.  Mr.  Spake. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  McCanless  until  Monday  next ; 

To  Messrs.  Hassell  and  Black  from  Friday  until  Wednes- 
day next. 

Mr.  McCanless  was  announced  as  having  paired  with  Mr. 
Byrd  ;  and  Mr.  Hassell  with  Mr.  Black. 

Reports  from  Standing  Committees  were  submitted,  as 
follows : 

From  the  Committee  on  the  Judicial  Department: 

By  Mr.  Bennett,  R.  No.  98:  A  resolution  to  abrogate  and 
annul  section  33,  article  4,  of  the  Constitution  ;  with  an  ac- 
companying substitute. 

O.  No.  244  :  An  ordinance  to  add  a  section  to  article  4,  of 
the  Constitution  :  with  an  accompanying  substitute. 

From  the  Committee  on  Miscellaneous  Provisions  : 

By  Mr.  Singeltarj*,  O.  No.  106  :  An  ordinance  to  amend 
section  6,  article  10,  of  the  Constitution  ;  with  an  accompany- 
ing substitute. 

Mr.  Roberts,  of  Gates,  offered  a  resolution  providing  that 
no  delegate  be  allowed  a  longer  time  than  live  minutes  on  a 
question  of  personal  privilege  ;  and  moved  to  suspend  the 
rules  in  order  to  put  the  resolution  on  its  adoption. 

The  Contention  refused  to  suspend  the  rules. 

Mr.  Turner  offered  a  resolution  requiring  the  Treasurer  of 
the  State  to  transmit  to  this  Convention,  for  inspection,  a  bond 
issued  in  1862- '63  in  aid  of  the  "Wilmington,  Charlotte  and 
Rutherford  Railroad. 

On  motion  of  Mr.  Turner,  the  rules  were  suspended,  and 
the  resolution  adopted. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  referred,  or  otherwise  dis- 
posed of,  as  follows : 

By  Mr.  George:  An  ordinance  to  amend  section  2,  article 
6,  of  the  Constitution,    by    striking   out   all   after   the  word 


CONTENTION  OF  1875.  145 

**''  registration"  in  the  third    line  of  the  same.     To  the  Com- 
mittee on  Suffrage  and  Eligibility  to  Office. 

By  Mr.  Cooper :  An  ordinance  to  amend  article  2,  section 
7,  of  the  Constitution,  by  striking  out  the  words,  "  and  Indians 
not  taxed."  To  the  Committee  on  the  Legislative  Depart- 
ment. 

An  ordinance  to  amend  article  11,  by  adding  an  additional 
section,  providing  for  the  farming  out  of  convicts  by  the  Gen- 
eral Assembly.  To  the  Committee  on  Punishments,  Penal 
Institutions  and  Public  Charities. 

By  Mr.  Smythe  :  An  ordinance  to  provide  for  the  compiling 
•of  mortuary  and  birth  statistics.  To  the  Committee  on  Mu- 
•nicipal  Corporations. 

The  consideration  of  general  orders  being  in  order,  the  Con- 
Tention  proceeded  to  consider  ordinances  on  their  third  read- 
ing, as  follows: 

O.  No.  143:  An  ordinance  to  amend  article  9  of  the  Con- 
stitution, providing  for  the  preservation  and  investment  of 
public  school  funds. 

The  ordinance  was  read  the  third  time. 

Mr.  Bowman  moved  to  lay  the  ordinance  on  the  table. 

The  yeas  and  nays  were  ordered,  and  the  motion  to  table 
did  not  prevail.     Yeas  23,  nays  83,  as  follows  : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bingham,  Bowman,  Bryan,  Byrd,  Cooper,  Dockery, 
-Dula,  Everett,  Grantham,  Hampton,  Hoffman,  Jordan,  Leh- 
•man,  Mannix,  McCanless,  Spake,  Watts,  Wheeler,  Wilson  and 
Woodfin. 

Nays — Messrs.  Albertson,  Allison,  Badger,  Barringer,  Bar-; 
row,  Bateman,  Bean,  Bell,  Bennett,  Black,  Bliven,  Blocker 
Bullock,  Bnun,  Buxton,  Gary,  Carter,  Chamberlain,  Cling 
man,  Cowell,  Cunningham,  Davis,  Dixon,  Durham,  Faireloth, 
Eaison,  Farrior,  George,  Goodwin,  Green,  Harrington,  Ilas- 
sell,  Henderson,  Hinnant,  Hodge,  Holton,  Horton,  Jarvis, 
•Jones  of  Caldwell,  King  of  Lenoir,  King  of  Pitt,  Kirby. 
..Love,  Mabson,  Manning  of  Chatham,  Manning  of  New  Han- 
10 


146  JOURNAL  OF  THE 

over,  Marshall,  Massey,  McCabe,  McCorkle,  McDonald,  Mc- 
Eachin,  Morehead,  Motz,  Munden,  Nicholson,  Nowell,  O'Hara, 
Page,  Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Jones,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Smythe,  Stal- 
lings,  Siunmers,  Taylor,  Thorne,  Tourgee,  Turner,  Yanghan,.. 
Wilcox  and  Withers. 

The  following  delegates  paired  off: 

Messrs.  Coleman,  Dobson,  French,  Jones  of  Yadkin,  Jus- 
tice, Lowe,  Neal  and  Strowd. 

Mr.  Avery  offered  to  amend  by  striking  out  all  after  the 
word  "  estrays  "  in  line  3,  section  2,  down  to  and  including 
the  word  "  State  "  in  line  6. 

Pending  its  consideration,  Mr.  McCabe  called  the  previous 
question. 

The  call  was  sustained,  and  the  main  question  was  ordered. 

The  question  recurred  first  on  the  amendment  proposed  by 
Mr.  Avery,  and  it  was  not  adopted. 

The  question  then  recurred  upon  the  passage  of  the  ordi- 
nance on  its  third  and  final  reading. 

The  yeas  and  nays  were  ordered,  and  it  passed  the  third 
time,  yeas  82,  nays  27,  as  follows  •: 

Yeas — Messrs.  Albertson,  Allison,  Avery,  Badger,  Barringer,. 
Barrow,  Bateman,  Bean,  Bell,  Bennett,  Black,  Bliven,  Blocker, 
Bullock,  Bnnu,  Cary,  Carter,  Cowell,  Crosby,  Cunningham,. 
Davis,  Dixon,  Durham,  Faircloth,  Faison,  Farrior,  George, 
Goodwin,  Green,  Hassell,  Henderson,  Hinnant,  Hwdge, 
Holton,  Horton,  Jarvis,  Jones  of  Caldwell,  King  of  Lenoir, 
King  of  Pitt,  Kirby,  Love,  Mabson,  Manning  of  Chatham, 
Manning  of  New  Hanover,  Marshall,  Massey,  McCabe,  Mc- 
Corkle, McDonald,  McEachin,  Morehead,  Motz,  Munden, 
Nicholson,  Nowell,  O'Hara,  Page,  Patterson,  Price,  Redwine,. 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Smythe,  Stalling^,  Summers,  Taylor^Thorne. 
Turner,  Yanghan,  Wilcox,  Withers  and  Young. 


CONVENTION  OF  1875.  147 

Nays— Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bingham,  Bowman,  Bryan,  Byrd,  Chamberlain, 
Clingman,  Cooper,  Dockery,  Dula,  Everett,  Grantham,  Hamp- 
ton, Harrington,  Hoffman,  Jordan,  Kerr,  Lehman,  Man  nix, 
McCanless,  Spake,  Watts,  Wheeler,  Wilson  and  Woodfin. 

The  following  delegates  were  paired  off. 

Messrs.  Coleman,  Dobson,  French,  Jones  of  Yadkin,  Lowe 
and  Strowd. 

Mr.  Avery  moved  to  reconsider  the  vote  first  had,  and  post- 
pone that  motion,  and  make  it  the  special  order  for  Friday, 
at  12  M. 

The  motion  prevailed. 

O.  No.  1S7 :  An  ordinance  to  amend  article  4,  section  11,  of 
the  Constitution. 

The  ordinance  was  read  the  third  time. 

Pending  its  consideration,  Mr.  Robbins  called  the  previous 
question,  and  the  main  question  was  ordered,  and  the  ordi- 
nance passed  the  third  time. 

Ordinances  on  second  reading  were  acted  upon  as  follows: 

O.  No.  195:  An  ordinance  to  provide  for  the  working  of 
public  roads  by  taxation. 

The  ordinance  was  read  the  second  time. 

Mr.  Badger  moved  that  the  ordinance  be  printed,  and  that 
the  further  consideration  thereof  be  postponed  and  made  the 
special  order  for  Friday  next  at  IP.  M. 

The  motiou  prevailed. 

R.  No.  196  :  A  resolution  to  amend  sectiou  7,  article  6,  of 
the  Constitution,  to  prevent  the  Township  Board  of  Trustees 
assessing  their  own  property. 

The  resolution  was  read  the  second  time,  and,  on  motion  of 
Mr.  Manning,  of  Chatham,  laid  upon  the  table. 

O.  No.  197:  An  ordinance  to  amend  article  7,  of  the  Con- 
stitution, to  abolish  the  registration  of  electors  and  to  allow 
electors  to  vote  at  any  election  precinct  in  the  county  in  which 
they  reside. 


148  JOURNAL  OF  THE 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Bowman,  laid  upon  the  table. 

Mr.  Bowman  moved  to  reconsider  the  vote  just  had. 
The  motion  prevailed,   and,  on    motion,  the  ordinance  was 
re-committed  to  the   Committee   on  Suffrage  and  Eligibility 
to  Office. 

O.  No.  198:  An  ordinance  to  amend  section  24,  article  1,  of 
the  Constitution. 

The  ordinance  was  read  the  second  time,  and,  on  motion  of 
Mr.  Barringer,  re-committed  to  the  Committee  on  a  Pre- 
amble and  Bill  of  Rights. 

At  12  M.,  the  Chair  anuounced  that  the  hour  had  arrived 
for  the  special  order,  to  wit  : 

R.  No.  56  :  A  resolution  to  declare  R.  M.  Norment  and 
Neil  McNeil,  the  legally  elected  delegates  from  Robeson 
county  to  this  Convention,  and  to  declare  vacant  the  seats  of 
Duncan  Sinclair  and  C.  A.  McEachin,  together  with  the  re- 
port of  the  Select  Committee  thereon. 

Mr.  Jarvis  moved  that  the  resolution  and  the  majority  and 
minority  reports  be  re-committed  to  the  Committee  on  Privi- 
leges and  Elections,  with  instructions  that  the  committee 
adopt  rules  and  regulations  for  its  government  in  deciding 
on  all  cases  of  contested  elections  that  m  ,y  be  referred  to  it; 
and  that  said  committee  is  hereby  empowered,  in  the  investi- 
gation of  any  such  contest,  to  send  for  persons  and  papers, 
and  to  appoint  one  or  more  commissioners  to  take  testimony, 
who  shall  have  the  power  to  administer  oaths;  and  that  the 
acting  chairman  of  said  committee  in  any  such  investigation, 
shall  have  power  to  administer  oaths;  and  that  the  refusal 
by  any  person,  appearing  as  a  witness  before  said  committee 
or  before  any  commissioner  appointed  by  said  committee,  to 
answer  any  question  propounded  in  the  course  of  any  investi- 
gation had  by  virtue  hereof,  shall  be  a  contempt  of  this  Con- 
vention. 

Pending  the  consideration  of  this  motion  to  re-commit,  Mr. 
Barringer  offered  the  following: 


CONVENTION  OF  1875.  149 

Resolved,  That  the  seats  of  the  sitting  members,  from  the 
county  of  Robeson,  are  declared  vacant  until  the  facts  of  the 
contest  are  investigated  ;  and  the  Convention  will  take  a  recess 
on  the  passage  of  this  resolution,  to  such  time  as  will  enable 
both  parties  to  the  contest,  to  take  testimony,  and  try  the 
same  before  the  Convention  on  its  re-assembling,  or  any  com- 
mittee it  may  appoint." 

Mr.  Mannix  offered  the  following: 

Resolved,  That  ft.  M.  Norment,  one  of  the  contestants- 
from  Robeson  county,  be  permitted  to  address  the  Convention 
in  relation  to  the  contested  election  from  that  county." 

Pending  the  consideration  of  the  question,  Mr.  Badger 
moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  being  demanded,  the  Convention  refused 
to  adjourn,  yeas  48,  nays  59,  as  follows: 

Yeas — Messrs.  Badger,  Barringer,  Bateman,  Bean,  Bell, 
Bliven,  Blocker,  Bowman,  Bullock,  Bnxton,  Bryan,  Cary, 
Chamberlain,  Crosby,  Davis,  Dockery,  Dnla,  Faircloth,  Good- 
win, Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman,  Hol- 
ton,  Jordan,  Kerr,  King  of  Lenoir,  Lehman,  Mabson,  Mannix, 
Manning  of  New  Hanover,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Mundeu,  Nowell,  O'Hara,  Page,  Scott  of  Jones, 
Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Woodfin  and 
Young. 

Nays. — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barrow,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Cooper,  Cowell,  Cunningham,  Dixon, 
Durham,  Everett,  Faison,  Farrior,  George,  Green,  Harring- 
ton, Hassell,  Henderson,  Horton,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Marshall, 
McCorkle,  McEaehin,  Morehead,  Motz,  Neal,  Nicholson,  Pat- 
terson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Robeats  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober, 


150  JOURNAL  OF  THE 

Sinclair,    Singeltary,     Spake,    Stallings,     Summers,    Turner, 
Vaughan,  Watts,  Wilson  and  Withers. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Coleman,  Dobson,  French,  Jones  of 
Yadkin,  Lowe  and  Strowd. 

Mr.  Jarvis  then  demanded  the  previous  question. 

The  yeas  and  nays  were  ordered,  and  the  call  was  sustained, 
yeas  5b',  nays  42,  as  follows  : 

Yeas. — Messrs.  Allman,  Anderson  of  C\a.j,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Carter, 
Clingman,  Cooper,  Cowell,  Cunningham,  Durham,  Everett, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love, 
Maiming  of  Chatham,  Marshall,  McCorkle,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Yaughan,  Watts 
and  Withers. 

Nays — Messrs.  Badger,  Barringer,  Barrow,  Bell,  Black, 
Blocker,  Bowman,  Bullock,  Buxton,  Bryan,  Gary,  Chamber- 
lain, Crosbj',  Davis,  Dixon,  Dula,  Faircloth,  Goodwin,  Grant- 
ham, Hampton,  Hinnant,  Hodge,  Holton,  Horton,  Jordan, 
King  of  Lenoir,  Lehman,  Mabson,  Mannix,  Massey,  McCabe, 
Mc  anless,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott 
of  Jones,  S  my  the,  Taylor,  Thorne,  Tom  gee  and  Woodiin. 

The  following  delegates  were  paired  off. 

Messrs.  Albertson,  Allison,  Coleman,  Dobson,  Jones  of 
Yadkin,  Lowe,  Wheeler  and  Wilson. 

During  this  vote,  and  before  the  result  was  announced,  Mr. 
Barringer  objected  to  Air.  Sirclair  and  Mr.  McEachin  being 
allowed  to  vote  on  this  question. 

The  Chair  decided  that  the  delegates  named  were  entitled 
to  vote. 
Mr.  Badger  moved  that  this  Convention  do  now  adjourn. 


CONVENTION  OF  1875.  151 

Objection  was  raised  that  this  motion  was  out  of  order,  the 
previous  question  having  been  ordered. 

The  Chair  decided  that  the  motion  to  adjourn  was  in  order. 

The  yeas  and  nays  were  ordered,  and  the  Convention  refused 
to  adjourn.     Yeas  46,  nays  50,  as  follows: 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Bean, 
Bell,  Bowman,  Bullock,  Buxton,  Bryan,  Byrd,  Cary,  Cham- 
berlain, Cooper,  Crosby,  Davis,  Dixon,  Dockeiw,  Faircloth, 
Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge,  Holton, 
Horton,  Jordan,  King  of  Lenoir,  Lehman,  Mabson,  Matmix, 
McCabe,  McCanless,  McDonald,  Munden,  Nowell,  O'llara, 
Page,  Scott  of  Jones,  Smythe,  Spake,  Taylor,  Thorne,  Tour- 
gee, Wilcox  and  Woodfin. 

Nays — Messrs.  Allnian,  Anderson  of  Clay,  Anderson  or 
Madison,  Avery,  Bennett,  Bingham,  Blocker,  Burin,  Carter, 
Clingman,  Cowell,  Cunningham,  Dula,  Durham,  Everett, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Hoffman,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  Massey,  McCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Burnley,  Scott  of  Jones,  Scott  ?f  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Stallings,  Summers,  Turner, 
Vaughan,  Watts  and  Withers. 

The  following  delegates  paired  off: 

Messrs.  Albertson,  Allison,  Coleman,  Dobson,  Jones  of 
Yadkin,  Lowe,  Strowd,  Wheeler  and  Wilson. 

The  Chair  then  proceeded  to  put  the  question  on  the  motion 
to  re-commit,  made  by  Mr.  Jarvis. 

Mr.  Tourgee  objected  that  the  question  should  first  be  put 
upon  the  resolution  offered  by  Mr.  Barringer,  and  then  upon 
the  motion  to  re  commit. 

The  Chair  decided  that  the  motion  to  recommit  was  the 
first  in  order. 

Mr.  Tourgee  thereupon  appealed  from  the  decision  of  the 
Chair  to  that  of  the  House. 


152  JOURNAL  OF  THE 

The  yeas  and  nays  being  ordered,  the  Chair  put  the  question,. 
"  Shall  the  decision  of  the  Chair  stand  for  the  decision  of  the- 
House  ?" 

It  was  decided  in  the  affirmative,  yeas  54,  nays  40,  as  follows  : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of" 
Madison,  Avery,  Bennett,  Bingham,  Bowman,  Bunn,  Byrd, 
Carter,  Chamberlain,  Clingman,  Cowell,  Cunningham,  Dur- 
ham, Everett,  Faison,  Farrior,  George,  Green,  Harrington,, 
Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt, 
Kirby,  Love,  Manning  of  Chatham,  Marshall,  McCorkle,. 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of* 
Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Stallings,  Summers,  Turner,  Watts  and  Withers. 

Nays — Messrs.  Barringer,  Bateman,  Bean,  Bell,  Black, 
Blivcn,  Blocker,  Bullock,  Bryan,  Cary,  Crosby,  Davis,  Dixon, 
Dockery,  Faircloth,  Goodwin,  Grantham,  Hampton,  Hinnant,. 
Hodge,  Holton,  Horton,  King  of  Lenoir,  Mabson,  Mannix, 
Manning  of  New  Haaover,  Massey,  McCabe,  McCanless,. 
McDonald,  Munden,  O'Hara,  Page,  Scott  of  Jones,  Smythe,, 
Taylor,  Thorne,  Tonrgee,  Woodfin  and  Young. 

The  following  delegates  were  paired  oft : 

Messrs.  Albertson,  Allison,  Badger,  Coleman,  Dobson,., 
French,  Jones  of  Yadkin,  Lowe,  Spake,  Strowd,  Vaughan,. 
Wheeler,  Wilcox  and  Wilson 

Mr.  Bowman  then  moved  that  the  Convention  do  now  ad- 
journ, and  demanded  the  yeas  and  nays  on  his  motion. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn,  yeas  2,  nays  51,  as  follows: 

Yeas — Messrs.  Hinnant  and  Horton. 

Nays — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Clingman,, 
Cowell,  Cunningham,  Durham,  Everett,  Faison,  Farrior, 
George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones- 
of  Caldwell,  King  of  Pitt,  Kirby,  Manning  of  Chatham,  Mar- 
shall, McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,, 


CONVENTION  OF  1875.  15& 

Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd^ 
Shober,  Sinclair,  Singeltary,  Stallings,  Strowd,  Summers, 
Turner  Watts  and  Withers. 

The  following  delegates  were  paired  off: 

Messrs.  Albertson,  Allison,  Badger,  Carter,  Clingman,  Dob- 
son,  Jones  of  Yadkin,  Lowe,  Spake,  Vaughan,  Wheeler,  Wil- 
cox and  Wilson. 

The  question  recurred  upon  the  motion  made  by  Mr.  Jar- 
vis  to  re-commit  the  resolution,  together  with  the  reports  of 
the  majority  and  minority  of  the  Select  Committee,  to  the 
Committee  on  Privileges  and  Elections. 

The  motion  prevailed. 

The  Convention  then  adjourned  until  10  A.  M.  to-morrow.. 


TWENTY-FIRST  DAY. 

Wednesday,  September  29,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  the  Rev.  Mr.  Hassell. 

The  Journal  of  yesterday  was  read  and  approved. 

The  following  delegates  were,  on  motion,  permitted  to 
record  their  votes  in  the  affirmative  on  the  vote  by  which 
O.  No.  28  :  An  ordinance  to  amend  section  3  of  the  9th  article 
of  the  Constitution,  prohibiting  mixed  schools,  passed  its 
tlird  and  last  reading,  to-wit  : 

Messrs.  Boyd,  Scott  of  Jones,  Lowe,  Coleman,  Justice,. 
Neal,  French,  Strowd,  Durham,  Price,  Carter,  Bateman,  Har- 
rington and  Hoffman. 


154  JOUKNAL  OF  THE 

Leave  of  absence  was  granted  Messrs.  King,  of  Lenoir,  and 
Lehman,  until  Wednesday  next. 

Mr.  Motz  was  announced  as  having  paired  with.  Mr.  King, 
of  Lenoir. 

Mr.  Coleman,  from  the  Committee  on  Punishments,  Penal 
Institutions  and  Public  Chanties,  submitted  a  report,  with  an 
occompanying  substitute  for  the  following  ordinances  and 
resolutions  : 

R.  No.  90  :  A  resolution  to  strike  out  the  11th  article  of  the 
Constitution  ; 

O.  No.  102  :  An  ordinance  to  amend  section  10, 11th  article 
of  the  Constitution  ; 

O.  No.  227:  An  ordinance  to  amend  section  10,  article  11, 
of  the  Constitution  ; 

O.  No.  132  :  An  ordinance  to  amend  section  10,  article  11, 
of  the  Constitution  ; 

O.  No.  54:  An  ordinance  to  amend  section  10  of  the  11th 
article  of  the  Constitution  ; 

O.  No.  132:  An  ordinance  to  amend  section  10,  of  article 
11  of  the  Constitution  ; 

R.  No.  104:  A  resolution  to  amend  article  11  of  the  Con- 
stitution ; 

O.  No.  158 :  An  ordinance  to  amend  section  7,  article  11, 
of  the  Constitution  ; 

O.  No.  112:  An  ordinance  to  amend  article  11  of  the  Con- 
stitution, in  relation  to  punishments  ; 

O.  No.  53  r  An  ordinance  to  amend  article  11,  section  1,  of 
the  Constitution  ; 

O.  No.  52  :  An  ordinance  to  amend  article  11,  section  1,  of 
the  Constitution  ; 

O.  No.  135:  An  ordinance  for  farming  out  or  otherwise 
employing  all  convicts  who  are  now  or  may  hereafter  be  sen- 
tenced to  the  penitentiary  ; 

O.  69  :  An  ordinance  to  amend  article  11,  section  9,  of  the 
Constitution ; 

Also  reported  R.  No.  73 :  A  resolution   to  amend  section  1, 


CONVENTION  OF  1875.  155 

article  14,  of  the  Constitution,  with  a  recommendation  that 
it  do  not  pass. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  were  referred  or  otherwise 
disposed  of,  as  follows: 

By  Mr.  Wilcox  :  An  ordinance  providing  for  a  session  of 
the  General  Assembly  every  four  years.  To  the  Committee 
on  the  Legislative  Department. 

By  Mr.  Durham  :  A  resolution  providing  for  the  printing 
of  all  ordinances  and  resolutions,  which  have  passed  their 
third  readings.     Adopted. 

By  Mr.  Green  :  An  ordinance  to  amend  an  "  ordinance  to 
submit  amendments  of  this  Constitution  to  the  people,"  b}T 
striking  out  in  section  4,  line  5,  the  words  "  Governor  and 
Secretary  of  State,"  and  inserting  "  President  ot  this  Con- 
vention.    To  the  Committee  on  Revision. 

By  Mr.  Bingham  :  An  ordinance  to  amend  article  4,  section 
35,  ot  the  Constitution,  by  adding  after  the  word  "  held  "  in 
the  last  line,  the  words  "  at  the  next  regular  election  for  mem- 
bers of  the  General  Assembly."  To  the  Committee  on  the 
Judicial  Department. 

An  ordinance  t©  amend  article  4,  section  17,  of  the  Consti- 
tution, by  adding  after  the  word  "  law"  in  the  ninth  line,  the 
words,  "  this  section  shall  be  in  force  until  otherwise  provided 
by  law."     To  the  Committee  on  the  Judicial  Department. 

Mr.  Turner  moved  to  suspend  the  rules  and  take  up  O. 
No.  200 :  An  ordinance  to  amend  section  6,  article  1,  pro- 
viding for  the  repudiation  of  the  special  tax  bonds,  and  to  put 
the  same  upon  its  several  readings. 

The  question  was  put,  and  the  Convention  refused  to  sus- 
pend the  rules. 

The  consideration  of  general  orders  being  in  order,  the  Con- 
vention entered  upon  the  consideration  of  ordinances  on  second 
reading,  as  follows: 

O.  No.  45  :  An  ordinance  to  alter  section  10,  article  3,  of 
the  Constitution. 


156  JOURNAL  OF  THE 

The  ordinance  was  read  the  second  time. 

The  question  recurred  on  the  substitute  reported  by  the 
Committee  on  the  Executive  Department,  which  substitute 
reads  as  follows  : 

"  The  Governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of"  a  majority  of  the  Senators  elect,  appoint  all 
officers,  when  offices  are  established  by  this  Constitution,  and. 
whose  appointments  are  not  otherwise  provided  for." 

The  substitute  was  adopted,  and  the  ordinance,  as  amended, 
passed  the  second  time. 

Ordinances  Nos.  44,  47,  50,86,  and  110:  Ordinances  to 
amend  section  1,  article  3,  of  the  Constitution. 

The  ordinances  were  read  the  second  time. 

The  question  recurred  upon  the  adoption  of  the  substitute 
proposed  by  the  majority  of  the  Committee  on  the  Executive 
Department,  which  substitute  proposes  to  aboMsh  the  office  of 
Lieutenant  Governor ;  to  fix  the  term  of  office  of  the  Gover- 
nor, Secretary  of  State,  Auditor,  Treasurer,  Superintendent 
of  Public  Instruction  and  Attorney  General,  at  two  years;  to 
render  a  person  elected  Governor  ineligible  to  the  same  office 
more  than  four  years  in  succession  ;  to  abrogate  section  11  of 
article  3;  to  devolve  upon  the  President  of  the  Senate  the 
powers,  duties  and  emoluments  of  the  office  of  Governor,  in 
case  said  office  became  vacant  by  death,  resignation  or  other- 
wise ;  and  to  constitute  the  Governor,  Secretary  of  State, 
Treasurer,  Auditor,  Superintendent  of  Public  Instruction,  and 
Attorney  General,  a  State  Board  of  Education. 

The  substitute  was  adopted,  and  the  question  recurred  upon 
the  passage  of  the  ordinance  as  amended,  on  its  second  reading. 

Mr.  Buxton  moved  that  the  ordinance  be  considered  by  sec- 
tions. 

The  motion  prevailed. 

Mr.  Tourgee  offered  to  amend    the  first  section  as  follows: 


CONVENTION  OF  1875.  15T 

In  line  6,  after  the  word  "  State,"  where  it  first  occurs,  in- 
sert the  words  "Lieutenant  Governor." 

The  yeas  and  nays  were  ordered,  and  the  amendment  pre- 
vailed.    Yeas  57,  nays  56,  as  follows : 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Barrow,Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bul- 
lock, Buxton,  Bryan,  Cary,  Chamberlain,  Cooper,  Crosby, 
Davis,  Dixon,  Dockery,  Dnla,  Faircloth,  French,  Goodwin, 
Grantham,  Hampton,  Hiunant,  Hodge,  Hoffman,  Holton, 
Horton,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman, 
Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover,  Massey, 
McCabe,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Seott 
of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wil- 
cox and  Woodfiu. 

Nays— Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bnnn,  Carter, 
Clingman,  Cowell,  Cunningham,  Dobson,  Durham,  Everett, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning 
of  Chatham,  Marshall,  McCoikle,  McEachin,  MoreheaJ,  Motz, 
Neal,  Nicholson,  Patterson,  Price,  Red  wine,  Reid,  Bobbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings,  Strowd,  Summers,  Turner,  Yaughan,  Watts,  Wilson 
and  Withers. 

The  following  delegates  were  paired  off: 

Messrs.  Byrd,  Coleman,  McCanless  and  Young. 

Mr.  Reid  moved  to  amend  by  striking  out  the  words  "sec- 
ond Monday"  in  the  12th  line,  and  inserting  the  words  "first 
day"  instead  thereof. 

The  amendment  prevailed. 

Mr.  Cooper  moved  to  reconsider  the  vote  by  which  the 
amendment  proposed  by  Mr.  Tourgee  was  adopted. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed. 
Yeas  58,  nays  55,  as  follows : 

Yeas. — Messrs.  Allison,  Allman,  Anderson  of  Clay,  An- 


158  JOURNAL  OF  THE 

derson  of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter 
Clingman,  Cooper,  Cowell,  Cunningham,  Dobson,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jone9  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts, 
Wilson  and  Withers. 

Nays. — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd, 
Bullock.  Buxton,  Bryan,  Gary,  Chamberlain,  Crosby,  Davis, 
Dixon,  Dockery,  Dula,  Fiarcloth,  French,  Goodwin,  Grantham , 
Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jordan, 
Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Man- 
ning of  New  Hanover,  Massey,  McCabe,  McEjonald,  Munden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thorne,  Tourgee,  Wheeler,  Wilcox  and  Woodfin. 

The  following  delegates  paired  off: 

Messrs.  Byrd,  Coleman,  McCanless  and  Young. 

Thereupon,  Mr.  Vaughan.  moved  to  recommit  the  ordi- 
nance to  the  Committee  on  the  Executive  Department,  to- 
gether with  the  pending  amendment  by  Mr.  Tourgee. 

The  motion  prevailed. 

Mr.  Chamberlain  moved  to  re-consider  the  vote  by  which 
the  report  of  the  Select  Committee  on  the  Robeson  County 
Election  case,  was  re-committed  on  yesterday. 

Mr.  Manning,  of  Chatham,  moved  to  lay  that  motion  on  the 
table. 

The  yeas  and  nays  were  ordered,  and  the  vote  was  taken. 

Before  the  vote  was  announced  by  the  President,  Mr.  Tour- 
gee objected  to  the  votes  of  the  delegates  from  Robeson 
county  being  counted,  contending  that  they  had  no  right  to 
vote  on  the  question. 

Pending  the  consideration  of  the  objection  raised  by  Mr. 


CONVENTION  OF  1875.  159 

Toureree.  the  Chair  announced  that  the  hour  had  arrived  for 
the  special  order,  to  wit  : 

O.  No.  154:  An  ordinance  to  reduce  the  number  of  State 
Senators  to  tweuty-five. 

The  ordinance  was  read  the  second  time. 

Mr.  Barringer  ottered  the  following  substitute  : 

"  The  Senate  shall  consist  of  twenty-four  (24)  members, 
elected  for  six  years  by  the  qualified  voters  of  the  several  Dis- 
tricts, consisting  of  Districts  of  territory  as  compact  in  form 
as  practicable,  and  having  as  nearly  as  may  be  an  equal  num- 
ber of  inhabitants  in  each.  And  the  Senators  shall  be  divided 
into  three  (3)  classes,  and  so  arranged  that  one  class  shall  go 
out  every  two  years." 

Mr.  Badger  moved  to  re-commit  the  ordinance  together  with 
the  proposed  amendment,  to  the  Committee  on  the  Legislative 
Department,  with  instructions  to  prepare  and  report  an  ordi- 
nance abolishing  the  Senate,  and  giving  to  the  Governor,  by 
and  with  the  advice  of  his  counsel  of  State,  a  veto  upon  all 
acts  of  the  Legislature,  similar  to  that  conferred  upon  the 
President  of  the  United  States,  except  that  a  majority  of  all 
the  members  of  the  General  Assembly,  shall  have  power  to 
pass  a  bill  over  his  veto. 

Mr.  Manning,  of  Chatham,  moved  to  lay  that  motion  on  the 
table. 

The  yeas  and  nays  being  ordered,  the  motion  to  table  was 
lost,  yeas  52,  nays  61,  as  follows  : 

Yeas — Messrs.  Allison,  Anderson  of  Clay,  Anderson  of 
Madison,  Bennett,  Bunn,  Carter,  Clingman,  Coleman,  Cooper, 
Cowell,  Cunningham,  Dobson.  Everett,  Faison,  Farrier, 
George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones 
of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshal],  McCorkle,  McEachin,  Morehead,  Motz,  Xeal,  Nich- 
olson, Patterson,  Price,  Red  wine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 


160  JOURNAL  OF  THE 

herd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings,   Strowd, 
Summers,  Turner  and  Witliers. 

Nays — Messrs.  Albertson,  Allman,  Badger,  Barringer, 
Barrow,  Bateman,  Bean,  Bingham,  Black,  Bliven,  Blocker, 
Bowman,  Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlain, 
Crosby,  Davis,  Dixon,  Dockery,  Dnla,  Durham,  Faircloth, 
French,  Goodwin,  Grantham,  Hampton,  Hinnant,  Hodger 
Hoffman,  liolton,  Horton,  Jordan,  Justice,  Kerr,  King  of 
Lenoir,  Lehman,  Lowe,  Mabson,  Mannix,  Manning  of  New 
Hanover,  Massey,  McCabe,  McDonald,  Munden,  N"owell„ 
O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor,  Thorne, 
Tourgee,  Yanghan,  Watts,  Wheeler,  Wilcox,  Woodfin  and 
Young. 

The  following  delegates  were  paired  off:  Messrs.  Bell,  Byrd, 
McCanless  and  Wilson. 

Mr.  Badger  then  withdrew  his  motion  to  re-commit. 

The  Convention  adjourned  until  10  A.  M.  to-morrow. 


TWENTY-SECOND  DAY. 

Thursday,  September  30,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
ehair. 

Prayer  was  offered  by  Rev.  Mr.  Smedes. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Horton  until  Monday  next ; 

To  Mr.  Bateman  until  Wednesday  next. 

Mr.  Horton  was  announced  as  having  paired  with  Mr. 
Spake. 

Mr.  French  presented  a  petition  from  ladies  of  Wilmington, 


CONTENTION  OF  1S75.  161 

'Fayettevil'e,  and  the  surrounding  country,  praying  for  a  law 
to  prohibit  the  traffic  in  liquor.  Read  and  referred  to  the 
Committee  on  Penal  Institutions,  Punishments  and  Public- 
Charities. 

Mr.  Turner  moved  to  suspend  the  rules  in  order  to  take 
from  the  calendar  O.  No.  200  :  An  ordinance  to  amend  sec- 
tion 6,  article  1,  of  the  Constitution,  providing  for  the  repu- 
diation of  the  special  tax  bonds. 

The  Convention  refused  to  suspend  the  rules. 

Mr.  Durham  moved  t@  suspend  the  rules  in  order  to  make 
"Ordinance,  No.  200,  the  special  order  for  11  A.  M.  Saturday. 

The  motion  prevailed,  and  the  ordinance  was  made  the  spe- 
cial order  for  Saturday,  11   A.  M. 

Reports  from  standing  committees  were  submitted  as  follows  : 

Mr.  Shepherd,  from  the  Committee  on  Municipal  Corpora- 
tions, submitted  a  report  on  O.  No.  165  :  An  ordinance  to  alter 
and  amend  article  7  of  the  Constitution  ;  and  O.  No.  146:  An 
ordinance  in  relation  to  municipal  corporations,  with,  an  accom- 
panying substitute. 

Mr.  Manning,  of  New  Hanover,  from  the  Committee  on 
Amendment,  submitted  a  report  on  O.  No.  87:  An  ordinance 
to  amend  article  13,  section  1  of  the  Constitution,  in  reference- 
to  the  mode  of  calling  a  convention  of  the  people  ; 

O.  No.  241  :  An  ordinance  to  amend  article  13  of  the  Con- 
stitution ; 

O.  No.  153  :  An  ordinance  to  amend  section  1,  article  13,  of 
the  Constitution  ; 

R.  No.  130:  A  resolution  to  amend  section  2,  article  13,  of 
the  Constitution  :  and 

O.  No.  96 :  An  ordinance  to  amend  article  13,  section  2  of 
the  Constitution,  to  provide  that  no  Convention  shall  be  called 
until  the  question  shall  have  been  submitted  to  and  received 
the  sanction  of  a  majority  of  the  qualified  voters  of  the  State, 
with  an  accompanying  substitute. 

Mr.  Durham,  from   the  Committee  on   Revenue,  Taxation 
and  the  Public  Debt,  submitted  a  report  on  O.  No.  194 :    An 
11 


162  JOURNAL  OF  THE 

ordinance  to  prohibit  the  payment  of  the  public  debt,  or  any 
part  thereof,  until  a  bill  providing  for  the  payment  of  the  same 
shall  have  passed  the  General  Assembly  and  have  been  sub- 
mitted to  and  received  the  sanction  of  a  majority  of  the  voters 
of  the  State  ;  and  R.  No.  33  :  A  resolution  with  reference  to 
the  compromise  of  the  public  debt,  with  an  accompanying 
substitute. 

Mr.  Shober,  from  the  Committee  on  Suffrage  and  Eligibility, 
reported  O.  No.  233  :  Au  ordinance  to  amend  section  7,  of  the 
14th  article  of  the  Constitution,  asking  that  the  committee  be 
-discharged  from  its  further  consideration,  and  with  a  recom- 
mendation that  it  be  referred  to  the  Committee  on  Miscellan- 
eous Provisions.     The  ordinance  was  so  referred. 

Messrs.  Hinnant,  Black  and  Hampton,  from  the  Committee 
on  Municipal  Corporations,  submitted  the  following  report, 
to  wit : 

The  Committee  on  Municipal  Corporations,  to  whom  was 
referred  sundry  resolutions  and  ordinances  proposing  amend- 
ments to  Article  YII  of  the  Constitution,  having  carefully 
considered  the  same,  we,  the  undersigned  members  of  said 
committee,  would  respectfully  ask  leave  to  submit  the  follow- 
ing minority  report  thereon,  to-wit : 

That  we  are  opposed  to  abridging  the  rights  of  the  citizens 
by  placing  the  government  and  organization  of  cities,  towns, 
&c,  under  the  unlimited  control  of  the  Legislature  as  proposed 
by  the 'substitute  offered  by  the  majority  of  the  committee, 
believing  the  same  to  be  inconsistent  with  a  democratic  or 
republican  form  of  government,  and  especially  in  view  of  the 
fact  of  the  late  attempt  at  gerrymander  of  these  cities  and 
towns  by  the  present  Legislature,  whereby  it  appears,  from  the 
printed  reports  of  the  Supreme  Court,  that  one  vote  in  certain 
wards  counted  as  much  as  seven  in  other  wards  ;  together  with 
a  further  effort  at  requiring  a  property  representation,  as 
appears  from  an  act  of  said  Legislature  incorporating  Whita- 
ker's  Mills  in  Nash  county. 


CONVENTION  OF  1875.  163 

That  in  our  opinion  all  government  of  right  originates  from 
the  people,  is  founded  upon  their  will  only,  and  should  be 
exercised  directly  by  them.  This  is  our  view  in  reference  to 
the  municipal  government  of  cities,  towns,  &c,  and  therefore 
we  cannot  consent  to  delegate  these  powers  to  the  Legislature. 
We  therefore  recommend  that  the  substitute  offered  by  the 
majority  of  the  committee  do  not  pass. 

B.  R.  IIINNANT, 
W.  M.  BLACK, 
N.  B.  HAMPTON. 

The  following  ordinances  were  introduced,  read  and  passed 
the  first  time,  and  were  referred,  or  otherwise  disposed  of,  as 
follows : 

By  Mr.  Boyd  :  An  ordinance  to  amend  article  4  of  the  Con- 
stitution, by  adding  another  section,  providing  that  the  Gen- 
eral Assembly  shall  have  no  power  to  levy  any  tax  on  the 
people  to  pay  either  interest  or  principal  of  any  bonds  or  other 
evidences  of  debt  outstanding  against  the  State,  and  contracted 
prior  to  the  first  day  of  July,  A.  D.  1865,  or  any  part  of  what 
is  known  as  ;' special  tax  bonds,"  except  it  be  first  submitted 
and  received  the  sanction  of  a  majority  of  the  qualified  voters 
of  the  State,     Placed  on  the  calendar,  and, 

On  motion,  made  the  special  order  for  Saturday  at  11  A.  M. 

By  Mr.  Yanghan  :  An  ordinance  to  amend  section  9,  article 
2,  of  the  Constitution,  by  striking  out  in  the  second  line 
the  word  "  twenty-five,"  and  inserting  in  lieu  thereof  "  twenty- 
one."     To  the  Committee  on  the  Legislative  Department. 

By  Mr.  Iloltou  :  An  ordinance  to  submit  the  question  of 
pardon  of  W.  W.  Holden  to  the  people  of  the  State.  Placed 
on  the  calendar. 

The  Convention  proceeded  to  the  consideration  of  the  un- 
finished business  of  yesterday,  to- wit : 

O.  No.  154:  An  ordinance  to  reduce  the  number  of  State 
Senators  to  twenty-five. 


164:  JOURNAL  OF  THE 

The  pending  question  was  Mr.  Barringer's  amendment,  in 
the  nature  of  a  substitute. 

Mr.  Avery  moved  to  re-commit  the  ordinance,  together 
with  the  pending  amendment,  to  the  Committee  on  the  Legis- 
lative Department. 

On  this  motion,  Mr.  Avery  called  the  previous  question. 

The  yeas  and  nays  were  ordered,  and  the  call  was  sustained. 
Yeas  57,  nays  55,  as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham.  Dobson, 
Durham,  Everett,  Faison,  Farrior,George,  Green,  Harrington, 
Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell,  Kirby,  Love, 
Manning  of  Chatham,  Marshall,  McCorkle,  McEachin,  More- 
head,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rnmley,  Scott 
of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Strowd,  Summers,  Turner,  Vanghan,  Watts,  Wilson 
and  Withers. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock, 
Buxton,  Bryan,  Cary,  Chamberlain,  Crcsby,  Davis,  Dixon, 
Duckery,  Dula,  Faircloth,  French,  Goodwin,  Grantham, 
Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones 
of  Yadkin,  Jordan,  Justice,  Kerr,  Lowe,  Mabson,  Man  nix, 
Manning  of  New  Hanover,  Massey,  McCabe,  McDonald,  Mun- 
den,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thome,  Tourgee,  Wheeler,  Wilcox,  Woodfin  and  Young. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Byrd,  King  of  Lenoir, 
King  of  Pitt,  Lehman,  McCanless  and  Motz. 

The  main  question  being  ordered,  the  question  recurred 
upon  the  motion  to  re-commit. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed. 
Yeas  58,  nays  54,  as  follows : 
Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Anderson 


CONTENTION  OF  1875  165 

of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter,  Cling- 
raan, Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  Kirby,  Love,  Manning 
of  Chatham,  Marshall,  McCorkle,  McEachin,  Morehead,  Neal, 
Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts 
of  Davidson,  Roberts  of  Gates,  Rnmley,  Scott  of  Onslow, 
Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
Strowd,  Summers,  Turner,  Yaughan,  Watts,  Wilson,  Withers 
and  Young. 

Nats — Messrs.  Albertson,Badger,  Barringer,  Barrow,  Bean, 
Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Bux- 
ton, Bryan,  Gary,  Chamberlain,  Crosby,  Davis,  Dixon, 
Dockery,  Dula,  Faircloth,  French,  Goodwin,  Grantham, 
Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones 
of  Yadkin,  Jordan,  Justice,  Kerr,  Lowe,  Mabson,  Mannix, 
Manniug  of  New  Hanover,  Massey,  McCabe,  McDonald, 
Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe, 
Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox  and  Woodfin. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Byrd,  King  of  Lenoir, 
King  of  Pitt,  Lehman,  McCanless  and  Motz. 

The  Convention  then  proceeded  to  the  consideration  of  the 
next  unfinished  business  of  yesterday,  to-wit: 

The  announcement  of  the  vote  on  the  motion  of  Mr.  Man- 
ning, of  C  hatham,  to  lay  on  the  table  Mr.  Chamberlain's  mo- 
tion to  reconsider  the  vote  on  the  motion  of  Mr.  Jarvis  to  re- 
commit the  report  of  the  Select  Committee  on  the  Robeson 
county  election  case,  to  the  Committee  on  Privileges  and 
Elections. 

Mr.  Tourgee  objected  to  the  votes  of  Messrs.  McEachin  and 
Sinclair,  delegates  from  Robeson,  being  counted,  contending 
that  they  had  no  right  to  vote  on  this  question. 

The  Chair  decided  that  the  delegates  mentioned  were  enti- 
tled to  vote. 


166  JOURNAL  OF  THE 

Mr.  Tourgee  then  appealed  from  the  decision  of  the  Chair 
to  that  of  the  Honse. 

Before  the  Chair  put  the  question,  "Shall  the  decision  of 
the  Chair  stand  for  the  decision  of  the  House?"  objection  was 
made  that  the  appeal  was  not  now  in  order,  and  could  not  be 
entertained  until  after  the  vote  on  the  motion  to  table  Mr. 
Chamberlain's  motion  to  reconsider,  had  first  been  announced 
by  the  Chair. 

The  Chair  decided  that  the  point  was  well  taken,  and  arose 
to  announce  the  vote  as  reported  by  the  Secretary. 

Objection  was  raided  to  the  announcement  about  to  be  made. 

Pending  the  discussion  of  this  point,  Mr.  Tourgee,  bjT  leave, 
withdrew  his  motion  to  appeal  from  the  decision  of  the  Chair, 
and  the  Chair  announced  that  the  motion  to  table  had  prevail- 
ed.    Yeas  59,  nays  57,  as  follows : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Durham,  Everett,  Fa'son,  Fariior,  George,  Green,  Harrington, 
Hassell,  Hendprson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt, 
Kirby,  Love,  Manning  of  Chatham,  Marshall,  McCorkle,  Mc- 
Eachin,  M  rehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner, 
Yaughan,  Watts,  Wilson  and  Withers. 

Nats — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd, 
Bullock,  Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis, 
Dixon,  Dockery,  Dula,  Faircloth,  French,  Goodwin,  Grant- 
ham, Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton, 
Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mab- 
son,  Mannix,  Manning  of  New  Hanover,  Massey,  McCabe, 
McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones, 
Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox,  Woodfin 
and  Young. 


CONVENTION  OF  1875.  167 

Messrs.  McCanless  and  Byrd  were  paired. 

Thereupon,  Mr.  Tourgee  moved  that  the  votes  of  Duncan 
Sinclair  and  C.  A.  McEachin,  the  sitting  members  from  the 
county  of  Robinson,  be  disallowed  by  reason  of  their  interest 
in  the  question  decided  by  the  vote  just  taken. 

After  a  full  discussion  of  the  right  of  these  members  to 
vote,  Mr.  Manning,  of  Chatham,  demanded  the  previous  ques- 
tion. 

The  yeas  and  naj^s  being  ordered,  the  call  was  sustained, 
yeas  56,  nays  52,  as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Durham,  Everett,  Faircloth,  Parson,  Farrior,  George,  Green, 
Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell, 
Kirby,  Love,  Manning  of  Chatham,  Marshall,  McCorkle,  Mc- 
Eachin, Morehead,  Neal,  Nicholson,  Patterson,  Price,  Red- 
wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates, 
Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singel- 
tary,  Spake,  Stallings,  Strowd,  Summers,  Turner,  Watts  and 
Wilson. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Bean,  Bell, 
Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery, 
Dnla,  French,  Goodwin,  Grantham,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Yadkin, 
Jordan,  Justice,  Kerr,  Lowe,  Mabson,  Mannix,  Manning  of 
New  Hanover,  Massey,  McCabe,  McDonald,  Mnnden,  Nowell, 
O'Hara,  Page,  Scott  of  Jones,  Smythe,  Taylor,  Thorne,  Tour- 
gee,  Wheeler,  Wilcox  and  Woodfin. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Barrow,  Bateman,  Byrd,  King  of 
Lenoir,  King  of  Pitt,  Lehman,  McCanless,  Motz,  Vaughan, 
Withers  and  Young. 

The  main  question  being  ordered,  the  question  recurred 
upon  the  motion  made  by  Mr.  Tourgee. 


168  JOURNAL  OF  THE 

The  yeas  and  nays  were  ordered,  and  the  motion  did  not 
prevail.     Teas  54,  nays  56,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Bean,  Bell,, 
Black,  Bliven,  Blocker,  Bowman, „Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crotsby,  Davis,  bDixon,  Dockery,. 
Dula,  Faircloth,  French,  Goodwin,  Grantham,  Hamp- 
ton, Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of 
Yadkin,  Jordan,  Justice,  Kerr,  Lowe,  Mabson,  Mannix,  Man- 
ning of  New  Hanover,  Massey,  McCabe,  McDonald,  Munden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  ^Taylor, 
Thorne,  Tonrgee,  Wheeler,  Wilcox,  Woodfin  and  Young. 

Nats — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,, 
Durham,  Everett,  Faircloth,  Faison,  Farrior,  George,  Green, 
Harrington,  Haesell,  Henderson,  Jarvis,  Jones  of  Caldwell, 
Kirby,  Love,  Manning  of  Chatham,  Marshall,  McCorkle,  Me- 
Eachin,  Morehead,  Neal,  Nicholson,  Patterson,  Price,  Red- 
wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,. 
Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singel- 
iary,  Spake,  Stallings,  Strowd,  Summers,  Turner,  Watts,  Wil- 
son and  Withers. 

The  following  delegates  were  paired  off : 

Mr.  President,  Messrs.  Barrow,  Bateman,  Byrd,  King 
of  Lenor,  King  of  Pitt,  Lehman,  McCanless,  Motz  and 
TtTaughan. 

Mr.  Chamberlain  offered  a  protest  of  the  minority  commit- 
tee on  the  contested  case  of  Robeson  county,  and  mo?ed  that 
it  be  read  and  spread  upon  the  journal  of  this  Convention. 

The  motion  prevailed. 

The  protest  was  then  read  as  follows  : 

"We,  the  undersigned  members  of  the  Committee  on  Privi- 
leges and  Elections,  representing  the  minority  report  on  the 
Robeson  ceunty  contested  case,  do  hereby  enter  our  solemn 
protest  against  the  action  of  the  Convention  on  the  28th  day 


CONVENTION  OF  1875.  16&' 

of  September,  1875,  in  the  re-committal  of  the  above  mention- 
ed case,  with  all  the  papers  therewith  connected,  on  the  fol- 
lowing grounds,  to  wit : 

1.  Under  article  1,  section  5,  of  the  Constitution  of  the 
United  States,  (the  supreme  law  of  the  land,)  a  majority  of  the 
members  of  each  house  shall  constitute  a  quorum,  is  essential 
to  the  transaction  of  any  and  all  business;  and  hence  said  ac- 
tion of  this  Convention  yesterday,  in  the  absence  of  a  quorum,, 
is  unconstitutional,  revolutionary  and  void. 

2.  Such  action  is  unprecedented  in  the  history  of  all  parlia- 
mentary bodies,  under  our  system  of  government,  or  elsewhere., 
so  far  as  your  committee  is  informed. 

(Signed)  J.  L.  CHAMBERLAIN, 

J.  W.  BOWMAN, 
ALLEN  JORDAN. 
J.  O.  WILCOX. 

Mr.  Badger  offered  the  following  resolution,  which  was, 
placed  on  the  calendar  : 

Resolved,  That  the  Committee  on  Privileges  and  Elections- 
be  directed  again,  as  heretofore  they  have  been  directed  on 
the  14th  of  September,  1875,  to  examine  and  report  whether 
that  part  of  the  law  under  which  this  Convention  was  called, 
which  requires  that  the  delegates  shall  have  the  qualifications- 
of  members  of  the  House  of  Representatives,  was  and  is 
binding  on  this  people  and  their  delegates  here  assembled  ^ 
and  if  they  shall  so  find,  that  they  shall  enquire  and  report 
what  members  of  this  body  are  disqualified  to  be  members  of 
the  House  of  Representatives,  and  therefore  of  this  body. 

The  following  ordinances,  reported  as  correctly  enrolled  by 
the  Committee  on  Enrolled  Bills,  were  duly  ratified  in  open 
Convention. 

An  ordinance  to  submit  to  the  people  the  amendments  t#* 
the  Constitution  adopted  by  this  Convention. 


170  JOURNAL  OF  THE 

An  ordinanc  to  amend  section  14,  article  4,  of  the  Constitu- 
tion. 

An  ordinance  to  amend  section  12,  article  4,  of  the  Consti- 
tution. 

An  ordinance  to  amend  section  2,  article  2,  ofthe  Constitution. 

An  ordinance  to  amend  section  2  of  the  9th  article  of  the 
Constitution. 

An  ordinance  to  add  an  additional  section  to  article  2  ofthe 
Constitution. 

An  ordinance  to  amend  section  27,  of  article  2,  of  the  Con- 
stitution. 

An  ordinance  to  amend  section  29,  of  article  2,  of  the  Con- 
stitution. 

An  ordinance  to  strike  section  4,  article  2,  from  the  Consti- 
tution. 

An  ordinance  to  amend  section  8,  of  article  4,  of  the  Con- 
stitution. 

An  ordinance  to  amend  section  4,  article  4,  ofthe  Constitution. 

An  ordinance  to  abrogate  section  9,  of  article 4,  of  the  Con- 
stitution, and  substitute  another  section  therefor. 

An  ordinance  to  strike  section  8,  of  article  2,  from  the  Con- 
stitution. 

Mr.  Albertson  offered  the  following  : 

'•  Resolved,  That  the  Committee  on  Privileges  and  Elec- 
tions be  instructed  to  proceed  immediately  to  consider  and 
dispose  of  the  question  of  the  disputed  seats  of  the  delegates 
from  Robeson  county." 

The  resolution  was  read. 

Mr.  Albertson  moved  to  suspend  the  rules  and  place  the 
■resolution  upon  its  adoption. 

Pending  the  consideration  of  this  motion,  Mr.  Badger 
moved  that  the  Convention  do  now  adjourn. 

The  motion  prevailed,  and  the  Convention  stood  adjourned 
antil  10  A.  M.  to-morrow. 


CONVENTION  OF  1875.  171 

TWENTY-THIRD  DAY. 

Friday,  October  1,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  Rev.  Mr.  Kerr. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Messrs.  Dixon,  Stallings,  Barringer,  Crosby,  Kirby  and 
J.  P.  Norton,  Principal  Doorkeeper,  until  Tuesday  next; 
.  To  Mr.  Faircloth  until  Monday  ; 

To  Mr.  Hinnant  leave  for  to-morrow. 

Mr.  Barringer  was  announced  as  having  paired  with  Mr. 
Allison  ;  Mr.  Dixon  with  Mr.  Kirby. 

Mr.  Jones,  of  Yadkin,  asked  and  obtained  leave  to  record 
his  vote  in  the  affirmative  on  the  vote  by  which  O.  No.  28  : 
An  ordinance  to  amend  section  three  (3)  of  the  ninth  (9th)  ar- 
ticle of  the  Constitution,  providing  for  a  separation  of  the  races 
in  the  public  schools,  passed  its  third  and  last  reading. 

Mr.  Hoffman  asked  and  obtained  leave  to  record  his  vote 
in  the  affirmntive  on  the  second  reading  of  the  ordinance  to 
remove  the  disabilities  of  William  W.  Holden. 

Mr.  Withers  asked  to  be  excused  from  further  service  on 
the  Committee  on  Privileges  and  Elections. 

Objection  being  raised,  Mr.  French  moved  that  Mr.  Withers 
be  excused,  as  desired. 

A  division  was  called  for,  and  the  motion  did  not  prevail. 

Reports  from  Standing  Committees  were  submitted  as 
follows  : 

From  the  Committee  on  Municipal  Corporations  : 

By  Mr.  Shepherd,  O.  No.  235  :  An  ordinance  to  provide 
for  establishing  and  working  the  public  roads,  with  a  recom- 
mendation that  it  do  not  pass. 

By  Mr.  Shober,  from  the    Committee  on  Suffrage  and  Eli- 


172  JOURNAL  OF  THE 

gibility  to  Office,  O.  No.  232 :  An  ordinance  to  amend  article 
6,  of  the  Constitution ;  and  O.  No.  39 :  An  ordinance  to 
amend  article  6,  section  1,  of  the  Constitution  ;  with  an  ac- 
companying substitute. 

From  the  Committee  on  Revenue,  Taxation  and  the  Public 
Debt: 

By  Mr.  Durham,  O.  No.  79 :  An  ordinance  to  amend  ar- 
ticle 5,  of  the  Constitution,  with  a  recommendation  that  it  do 
not  pass. 

O.  No.  78  :  An  ordinance  to  amend  article  5,  of  the  Con- 
stitution, with  a  recommendation  that  it  do  pass. 

O.  No.  79  :  An  ordinance  to  amend  article  5  of  the  Constitu- 
tion, providing  for  exemption  from  taxation  of  certain  pro- 
perty, with  a  recommendation  that  it  do  not  pass. 

The  following  resolutions  were  introduced,  read  and  passed 
the  first  time,  and  were  referred  or  otherwise  disposed  of,  as 
follows : 

By  Mr.  Bennett :  A  resolution  instructing  the  Committee 
on  Corporations  other  than  Municipal,  to  report  whether  the 
Cheraw  and  Salisbury  railroad  can  be  relieved  of  the  penalty 
of  the  gauge  law.     Placed  on  the  calendar. 

By  Mr.  Badger:  A  resolution  instructing  the  Committee  on 
the  Judicial  Department  to  report  whether  this  Convention 
has  power  to  grant  a  divorce  from  the  bonds  of  matrimony. 
Placed  on  the  calendar. 

By  Mr.  Durham  :  An  ordinance  to  confer  upon  the  General 
Assembly  the  power  to  regulate  freights  and  travel  on  rail- 
roads and  other  incorporated  carrying  lines,  and  to  protect  the 
industrial  interests  of  the  State  against  the  exactions  of 
monopolies.  To  the  Committee  on  Corporations  other  than- 
Municipal. 

The  unfinished  business  of  yesterday  being  in  order,  the 
Convention  entered  upon  the  consideration  of  R.  No.  262  :  A 
resolutin  of  instruction  in  regard   to  the  Robeson  county  case. 

The  pending  question  was  Mr.  Albertson's  motion  to  sus- 
pend the  rules  and  put  the  resolution  ©n  its  adoption. 


CONVENTION  OF  1875.  173 

The  motion  prevailed,  and  the  resolution  was  adoptod. 

The  consideration  of  General  Orders  being  in  order,  the 
Convention  entered  upon  the  consideration  of  O.  No.  45  :  An 
ordinance  to  alter  section  10,  article  3,  of  the  Constitution, 
defining  the  appointing  powers  of  the  Governor. 

The  ordinance  was  read  the  third  time. 

Pending  its  consideration,  Mr.  Manning,  of  Chatham,  de- 
manded the  previous  question. 

The  yeas  and  nays  were  ordered,  and  the  call  was  sustained, 
yeas  55,  nays  52,  as  follows: 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dubson, 
Durham.  Everett,  Faison,  Farrior,  George,  Green,  Harring- 
ton, Henderson,  Jarvis,  Jones  of  Caldwell,  Kirby,  Love,  Man- 
ning of  Chatham,  Marshall,  McCorkle,  McEachin,  Morehead, 
Neal,  Nichulson,  Patterson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rnmley,  Pcott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Stallings, 
Strowd,  Summers,  Turner,  Yaughan,  Watts,  Wilson  and 
Withers. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bean,  Bell,  Bliven,  Blocker,  Bowman,  Bullock,  Buxton,  Bryan, 
Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery,  Dula, 
Faircloth,  French,  Goodwin,  Grantham,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Holton,  Jones  of  Yadkin,  Jordan,  Justice, 
Kerr,  Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover, 
Massey,  McCabe,  McDonald,  Munden,  Nowell,  O'Hara,  Page, 
Scott  of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler, 
Wilcox,  Woodfin  and  Young. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Byrd,  Hassell,  Hor- 
ton,  King  of  Lenoir;  King  of  Pitt,  Lehman,  McCanless,  Motz 
and  Spake. 

By  unanimous  leave,  Mr.  French  offered  the  following 
amendment : 


174:  JOURNAL  OF  THE 

"  Strike  out  the  words  '  Senators  elect,'  in  line  5,  and  in- 
sert '  members  of  the  General  Assembly  in  joint  session  as- 
sembled.' " 

Mr.  Faircloth,  by  unanimous  leave,  offered  the  following 
amendment : 

"  Amend  by  inserting  after  the  word  '  constitution'  in  the 
6th  and  7th  lines,  the  words  'or  which  shall  be  created  by 
law,'  and  insert  after  the  word  '  appointment'  in  the  7th  line, 
the  words  'or  election.'" 

Mr.  Tourgee  moved  that  the  Convention  do  now  adjourn. 

The  Chair  decided  that  as  the  previous  question  had  been 
ordered,  the  motion  was  not  now  in  order. 

The  question  recurred  upon  the  amendment  proposed  by 
Mr.  French. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  37,  nays  65: 

Yeas — Messrs.  Bean,  Bliven,  Bowman,  Bullock,  Bryan, 
Chamberlain,  Crosby,  Davis,  Dockery,  Dula,  Faircloth,French, 
Goodwin,  Grantham,  Hampton,  Hoffman,  Helton,  Jones  of 
Yadkin,  Jordan,  Justice,  Lowe,  Mabson,  Manning  of  New 
Hanover,  Massey,  McCabe,  McDonald,  O'Hara,  Page,  Scott 
of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wilson, 
Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Badger,  Barringer,  Barrow,  Bell,  Ben- 
nett, Bingham,  Blocker,  Buxton,  Gary,  Carter,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dixon,  Dobson,  Dur- 
ham, Everett,  Faison,  Farrior,  George,  Green,  Harrington, 
Henderson,  Hinnant,  Hodge,  Jarvis,  Jones  of  Caldwell, 
Kirby,  Love,  Mannix,  Manning  of  Chatham,  Marshall  Mc- 
Corkle,  Morehead,  Munden,  Neal,  Nicholson,  Nowell,  Patter- 
son, Price,  Bedwine,  Beid,  Bobbins,  Boberts  of  Davidson, 
Roberts  of  Gates,  Rumley,    Scott  of  Onslow,  Shepherd,  Sho- 


CONVENTION  OF  1875.  175 

ber,  Sinclair,  Singeltary,  Stallings,  Strowd,  Summers,  Turner, 
Vaughan,  Watts  and  Withers. 

The  following  delegates  were  paired  : 

Mr.  President,  Messrs.  Albertson,  Bateman,  Byrd,  Hassell, 
Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman,  McCanless, 
Mjtz  and  Spake. 

The  question  then  recurred  upon  the  amendment  proposed 
by  Mr.  Faircloth. 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail.      Yeas  51,  nays  54,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  BarrowT,  Bean,  Bell 
Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton,  Bryan 
Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery,  Dula 
Faircloth,  French,  Goodwin,  Grantham,  Hampton,  Hinnant 
Hodge,  Hoffman,  Holton,  Jones  of  Yadkin,  Jordan,  Justice 
Kerr,  Lowe,  Mabson,  Mannix,  Mantling  of  New  Hanover, 
Massey,  McCabe,  McDonald,  Munden,  Newell,  O'P^ara,  Page, 
Scott  of  Jones,  S  my  the,  Taylor,  Thorne,  Tourgee,  Whie  er, 
Wilcox,  Woodfin  and  Y7oung. 

Nays — Messrs.  Allison,  AUman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  (  arter* 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Durham,  Everett,  Faison,  Farrior,  George,  Green,  Harring- 
ton, Henderson,  Jarvis,  Jones  of  Caldwell,  Love,  Manning  of 
Chatham,  Marshall,  McCoikle,  McEachin,  Morehead,  Neal, 
Nicholson,  Patterson,  Price,  Redwine,  Reid,  Bobbins,  Roberts 
of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow, 
Shepherd,  Shober,  Sinclair,  Singeltary,  Stallings,  Strowd, 
Summers,  Turner,  Yaughan,  Watts,  Wilson  and  Withers. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Badger,  Bateman,  Black,  Byrd,  Has- 
sell, Horton,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Lehman, 
McCanless,  Motz  and  Spake. 

Mr.  Munden,  by  unanimous  leave,  moved  to  amend  by 
adding,  "  And  no  such  officer  shall  be  appointed  or  elected  by 
the  General  Assembly." 


176  JOURNAL  OF  THE 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail,  yeas  51,  nays  52,  as  follows: 

Yeas — Messrs.  Barringer,  Barrow,  Bean,  Bell,  Bliven, 
Blocker,  Bowman,  Boyd,  Bnllock,  Buxton,  Bryan,  Gary,  Cham- 
berlain, Crosby,  Davis,  Dixon,  Dockery,  Dala,  Faircloth, 
French,  Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge, 
Hoffman,  Holton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr, 
Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover,  Massey, 
McCabe,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott  of 
Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox, 
Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Carter,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Neal,  Nicholson, 
Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Stallings,  Strowd,  Summers, 
ITaughan,  Watts,  Wilson  and  Withers. 

The  following  delegates  were  paired  : 

Mr.  President,  Messrs.  Albertsen,  Badger,  Bateman,  Black, 
Bunn,  Byrd,  Hassell,  Horton,  King  of  Lenoir,  King  of  Pitt, 
Kirby,  Lehman,  McCanless,  Motz  and  Spake. 

The  question  recurring  on  the  passage  of  the  ordinance  on 
the  third  and  last  time,  it  passed.  Yeas  56,  nays  52,  as 
follows: 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dob- 
son,  Durham,  Everett,  Faison,  Farrior,  George,  Green,  Har- 
rington, Henderson,  Jarvis,  Jones  of  Caldwell,  Kirby,  Love, 
Manning  of  Chatham,  Marshall,  McCorkle,  McEachin,  More- 
head,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott 


CONVENTION  OF  1875.  177 

of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Stallings, 
Strowd,  Summers,  Tonrgee,  Turner,  Vanghan,  Watts,  Wilson 
and  Withers. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bean, 
Bell,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery^ 
Dula,  Faircloth,  French,  Goodwin,  Grantham,  Hampton,  Hin- 
nant,  Hodge,  Hoffman,  Holton,  Jones  of  Yadkin,  Jordan,  Jus- 
tice, Kerr,  Lowe,  Mabsnn,  Mannix,  Manning  of  New  Hano- 
Ter,  Massey,  McCabe,  McDonald,  Munden,  Nowell,  O'llara, 
Page,  Scott  of  Jones,  Smythe,  Taylor,  Thorne,  Wheeler,  Wil- 
cox, Woodfin  and  Young. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Allman,  Bateman,  Black,  Byrd, 
Hassell,  Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman,  Mc- 
Canless,  Motz,  Spake  and  Woodh'n. 

Mr.  Tourgee  moved  to  re-consider  the  vote  just  had,  and  to 
make  that  motion  the  special  order  for  Tuesday  next  at  12  M. 

The  motion  prevailed. 

The  Chair  then  announced  that  the  hour  had.  arrived  for 
the  special  order,  to-wit : 

O.  No.  143  :  An  ordinance  to  amend  article  9  of  the  Con- 
stitution, providing  for  the  preservation  and  investment  of 
public  school  funds. 

The  pending  question  was  the  motion  to  re-consider,  made 
by  Mr.  Avery. 

Mr.  Avery  withdrew  the  motion. 

Mr.  Withers  moved  to  suspend  the  rules,  and  take  up  O. 
No.  214:  An  ordinance  to  add  a  section  to  article  4  of  the 
Constitution. 

A  division  being  called  for,  the  motion  prevailed,  yeas  70s 
nays  6. 

The  ordinance  was  then  read  the  second  time. 

The  question  recurred  on  the  adoption  of  the  substitute  pro- 
posed by  the  Committee. 

It  was  read  and  adopted. 
12 


178  JOURNAL  OF  THE 

The  ordinance  then  passed  the  second  time. 

Mr.  Jarvis  moved  that  the  rules  be  suspended  and  the  or- 
dinance be  put  upon  its  third  and  last  reading. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed. 
Yeas  69,  nays  34,  as  follows  : 

Yeas — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Barrow,  Bean, 
Bennett,  Bingham,  Blocker,  Boyd,  Bullock,  Bunn,  Buxton, 
Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunningham, 
Davis,  Dobson,  Dula,  Durham,  Everett,  Faison,  Farrior, 
George,  Green,  Harrington,  Henderson,  Hoffman,  Jarvis, 
Jones  of  Caldwell,  Kirby,  Love,  Manning  of  Chatham,  Man- 
ning of  New  Hanover,  Marshall,  Masse}',  McCorkle,  McEachin, 
Morehead,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Stal- 
lings,  Strowd,  Summers,  Turner,  Vaughan,  Watts,  Wilson, 
Withers  and  Young. 

Nays — Messrs.  Barringer,  Bell,  Bowman,  Bryan,  Cary, 
Chamberlain,  Crosby,  Dixon,  Dockery,  Faircloth,  Goodwin,. 
Grantham,  Hampton,  Hinnant,  Hodge,  Holton,  Jones  of  Yad- 
kin, Jordan,  Justice,  Mabson,  Mannix,  McCabe,  McDonald, 
Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Tay- 
lor, Thorne,  Tourgee,  Wheeler  and  Woodfin. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Byrd,  HasselU 
Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman,  McCanless, 
Motz  and  Spake. 

The  question  recurred  on  the  passage  of  the  ordinance  on 
its  third  and  final  reading. 

Pending  its  consideration,  Mr.  Tourgee  moved  that  the 
Convention  do  now  adjourn. 

The  yeas  and  nays  were  ordered,  and  resulted,  as  follows  : 

Yeas — Messrs.  Albertson,  Barringer,  Bean,  Bell,  Bliven, 
Bowman,  Boyd,  Bullock.  Bryan,  Cary,  Crosby,  Faircloth, 
Grantham,    Hampton,    Hodge,    Hoffman,    Holton,   Jones   of 


CONVENTION  OF  1875.  179 

Yadkin,  Justice,  Mabson,  Mannix,  Manning  of  New  Hanover, 
Massey,  McCabe,  McDonald,  Munden,  Nowell,  Scott  of  Jones, 
Smythe,  Taylor  and  Woodfin. 

Nays — Messrs.  Allison,  Allnian,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Badger,  Barrow,  Bennett,  Bingham, 
Blocker,  Bunn,  Buxton,  Carter,  Clingrnan,  Coleman,  Cowell, 
Cunningham,  Davis,  Dixon,  Dobson,  Doekery,  Dula,  Durham, 
Everett,  Faison,  Farrior,  French,  George,  Green,  Harrington, 
Henderson,  Hinnant,  Jarvis,  Jones  of  Caldwell,  Jordan, 
Kirby,  Love,  Lowe,  Manning  of  Chatham,  Marshall,  Me- 
Corkle,  McEachin,  Morehead,  Neal,  Nicholson,  O'Hara,  Page, 
Patterson,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley.  Scott  of  Onslow,  Shepherd,  Sho- 
ber,  Sinclair,  Singeltary,  Stallings,  Strowd,  Summers,  Thorne, 
Turner,  Yaughan,  Watts,  Wheeler,  Wilson,  Withers  and 
Young. 

The  following  delegates  were  paired  : 

Mr.  President,  Messrs.  Bateman,  Black,  Byrd,  Hassell, 
Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman,  McCanless, 
Motz  and  Spake. 

Before  the  vote  was  announced,  Mr.  Tourgee  offered  to 
withdraw  the  motion  to  adjourn. 

Objection  was  raised  that  the  author  of  the  motion  had  no 
right  to  withdraw  it  at  this  stage  without  the  unanimous  leave 
of  the  House. 

The  Chair  decided  that  the  delegate  had  the  right  to  with- 
draw his  motion,  holding  that  as  the  vote  had  not  been  an- 
nounced, there  was  no  decision. 

Mr.  Tourgee  then  withdrew  his  motion. 

Mr.  McCabe  moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  vote  resulted  as 
follows : 

Yeas — Messrs.  Albertson,  Barringer,  Bean,  Bell,  Bullock, 
Bryan,  Crosby,  Grantham,  Hinnant,  Hodge,  Hoffman,  Holton, 
Justice,  Mannix,  Manning  of  New  Hanovei',  McCabe,  Mc- 
Donald, Munden,  Page,  Thorne  and  Young. 


180  JOURNAL  OF  THE 

Nays — Messrs.  Allman,  Anderson  of  Cla}T,  Anderson  of 
Madison,  Avery,  Badger,  arrow,  Bennett,  Bingham,  Blocker, 
Bowman,  Boyd,  Bnnn,  Buxton,  Carter,  Clingman,  Coleman, 
Cooper,  Cowell,  Cunningham,  Davis,  Dixon,  Dobson,  Dockery, 
Dula,  Durham,  Everett,  Faison,  Farrior,  George,  Goodwin, 
Green,  Hampton,  Harrington,  Henderson,  Jarvis.  Jones  of 
Caldwell,  Jones  of  Yadkin,  Jordan,  Kirby,  Love,  Lowe,  Mab- 
son,  Manning  of  Chatham,  Mascey,  McCoikle,  McEacbin, 
Morehead,  Neal,  Nicholson,  Nowell,  O'Hara,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rnmley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Smythe,  Stallings,  Strowd,  Sum- 
mers, Taylor,  Turner,  Yaughan,  Watts,  Wheeler,  Wilcox, 
Wilson,  Withers  and  Woodfin. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Allison,  Bateman,  Black,  Byrd,  Has- 
sell,  Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman,  McCan- 
less  and  Spake. 

Before  the  vote  was  announced,  Mr.  McCabe  withdrew  his 
motion  to  adjourn. 

Mr.  Manning,  of  Chatham,  moved  that  the  Convention  do 
now  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn.     Yeas  7,  nays  91,  as  follows: 

Yeas — Messrs.  Bullock,  Faircloth,  Grantham,  Hodge,  Tay- 
lor, Thorne  and  Tourgee. 

Nays — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Badger,  Barrow,  Bean,  Bell,  Ben- 
nett, Bingham,  Blocker,  Bowman,  Boyd,  Bunn,  Buxton,  Bryan, 
Cary,  Carter,  Clingman,  Coleman,  Cowell,  Crosby,  Cunning- 
ham, Davis,  Dobson,  Dockery,  Dula,  Durham,  Everett,  Fai- 
son, Farrior,  George,  Goodwin,  Green,  Harrington,  Hender- 
son, Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Caldwell, 
Jones  of  Yadkin,  Jordan,  Justice,  Love,  Lowe,  Mabson,  Man- 
nix,  Manning  of  Chatham,  Manning  of  New  Hanover,  Mar- 
shall,  Massey,   McCabe,   McCanless,    McCorkle,   McDonald  ? 


CONVENTION  OF  1875.  181 

McEachin,  Morehead,  Munden,  Neal,  Nicholson,  Nowell, 
O'Hara,  Page,  Patterson,  Price,  Redwine,  Reid;  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumle}7,  Scott  of 
Jones,  Scott  of  Onslow,  Shepherd,  S.ober,  Sinclair,  Singel- 
tary,  Smythe,  Stallings,  Strowd,  Summers,  Turner,  Vaughan, 
Watts,  "Wheeler,  Wilcox,  Wilson,  Withers,  Woodfin  and 
Young. 

The  following  delegates  were  paired  : 

Mr.  President,  Messrs.  Allison,  Bateman,  Black,  Byrd, 
Hassell,  Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman, 
Motz  and  Spake. 

Mr.  Manning,  of  Chatham,  called  the  previous  question. 

The  yeas  and  nays  were  ordered,  and  the  call  was  sustained. 
Yeas  74,  nays  26,  as  follows  : 

Yeas — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Badger,  Barrow,  Bean,  Bennett, 
Bingham,  Blocker,  Bowman,  Bullock,  Bnnn,  Buxton,  Carter. 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Davis, 
Dixon,  Dobson,  Dula,  Durham,  Everett,  Faircloth,  Faison, 
Farrior,  George,  Green,  Harrington,  Henderson,  Jarvis, 
Jones  of  Caldwell,  Kirby,  Love,  Lowe,  Manning  of  Chatham, 
Marshall,  Massey,  McCorkle,  McEachin,  Morehead,  Munden, 
Neal,  Nicholson,  Nowell,  Patterson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Stallings,  Strowd,  Summers,  Thorne,  Turner, 
Vaughan,  Watts,  Wilson,  Withers,  Woodfin  and  Young. 

Nays — Messrs.  Bell,  Boyd,  Bryan,  Cary,  Crosby,  French, 
Goodwin,  Grantham,  Hampton,  Hodge,  Hoffman,  Holton, 
Jordan,  Justice,  Mabson,  Mannix,  Manning  of  New  Hanover, 
McCabe,  McDonald,  O'Hara,  Page,  Smythe,  Taylor,  Tourgee, 
Wheeler  and  Wilcox. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Allison,  Bateman,  Black,  Byrd, 
Haesell,  Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman,  Mc- 
Canless,  Motz  and  Spake. 


182  JOURNAL  OF  THE 

The  question  recurred  on  the  passage  of  the  ordinance  the 
third  time. 

The  yeas  and  nays  were  ordered,  and  the  ordinance  passed 
the  third  time,  yeas  96,  nays  2,  as  follows : 

Yeas — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Badger,  Barringer,  Barrow,  Bean, 
Bell,  Bennett,  Bingham,  Bliven,  Blocker,  Bowman,  Boyd, 
Bullock,  Bunn,  Buxton,  Bryan,  Carter,  Clingman,  Coleman, 
Cooper,  Cowell,  Crosby,  Cunningham,  Davis,  Dobson, 
Dockery,  Dula,  Durham,  Everett,  Faircloth,  Faison,  Farrior, 
French,  George,  Grantham,  Green,  Hampton,  Harrington, 
Henderson,  Hinnant,  Hoffman,  Holton,  Jarvis,  Jones  of  Cald- 
well, Jones  of  Yadkin,  Jordan,  Justice,  Kirby,  Love,  Lowe, 
Mabson,  Manning  of  Chatham,  Manning  of  New  Hanover, 
Marshall,  Massey,  McCabe,  McCorkle,  McDonald,  McEachin, 
Morehead,  Munden,  Neal,  Nicholson,  Nowell,  O'Hara,  Page, 
Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Stallings,  Strowd,  Summers, 
Thorne,  Turner,  Vaughan,  Watte,  Wheeler,  Wilcox,  Wilson, 
Withers,  Woodfin  and  Young. 

Nays — Messrs.  Goodwin  and  Man  nix. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Byrd,  Hassell. 
Horton,  King  of  Lenoir,  King  of  Pitt,  Lehman,  McCanless, 
Motz  and  Spake. 

Thereupon,  on  motion  of  Mr.  Munden,  the  Convention  ad- 
journed until  to-morrow  at  10  A.  M. 


CONVENTION  OF  1875.  183 

TWENTY  FOURTH  DAY. 

Saturday,  October  2,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  Rev.  Mr.  Atkinson. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Withers,  from  Monday  until  Friday  next. 

To  Mr.  Grantham,  until  Wednesday  next. 

Mr.  Withers  was  announced  as  having  paired  with  Mr. 
Tourgee;  and  Mr.  Grantham  with  Mr.  Kirby. 

Reports  from  standing  committees  were  submitted  as  fol- 
lows : 

From  the  Committee  on  a  Preamble  and  Bill  of  Rights: 

By  Mr.  Turner,  O.  No.  215 :  An  ordinance  to  amend  sec- 
tion 16,  article  i,  of  the  Constitution,  with  a  recommenda- 
tion that  it  do  not  pass. 

O.  No.  109 :  An  ordinance  to  amend  section  24,  article  1, 
of  the  Constitution,  relating  to  right  of  the  people  to  keep 
.and  bear  arms,  with  a  recommendation  that  it  do  not  pass. 

R.  No.  107:  A  resolution  to  amend  article  1  of  the  Con- 
stitution, with  a  recommendation  that  it  do  not  pass. 

From  the  Committee  on  Corporations  other  than  Municipal: 

By  Mr.  Jones,  of  Caldwell,  O.  No.  101 :  An  ordinance  to 
•amend  section  1  of  the  8th  article  of  the  Constitution,  with  a 
recommendation  that  it  do  not  pass. 

O.  No.  142:  An  ordinance  to  amend  article  8  of  the  Con- 
stitution, forbidding  the  granting  of  free  passes  to  members  of 
the  General  Assembly  and  other  officers,  with  a  recommenda^ 
tion  that  it  do  not  pass. 

From  the  Committee  on  Revenue,  Taxation  and  the  Public 
Debt: 

By  Mr.  Durham,  O.  No.  234:  An  ordinance  to  amend  sec- 


184  JOURNAL  OF  THE 

tion  3,  article  5  of  the  Constitution,  in  relation  to  the  Depart- 
ment of  Agriculture,  &c,  with  a  recommendation  that  it  do 
not  pass. 

From  the  Committee  on  the  Legislative  Department : 

By  Mr.  Clingman,  O.  No.  154:  An  ordinance  to  reduce 
the  number  of  State  Senators  to  twenty-five,  with  an  accom- 
panying substitute. 

From  the  Committee  on  the  Judicial  Department : 

By  Mr.  Bennett,  R.  No.  139  :  A  resolution  in  reference  to 
Clerks  of  the  Superior  Court,  with  a  recommendation  that  it 
do  not  pass. 

O.  No.  5  :  An  ordinance  to  amend  section  14  of  article  4  of 
the  Constitution,  with  a  recommendation  that  it  do  not  pass. 

O.  No.  2:  An  ordinance  to  amend  article  4  of  the  Consti- 
tution, with  a  recommendation  that  it  do  not  pass. 

O.  No.  159:  An  ordinance  to  amend  article  4  of  the  Con- 
stitution, with  a  recommendation  that  it  do  not  pass. 

Mr.  Reid,  from  the  Committee  on  the  Executive  Depart- 
ment, to  whom  were  re-committed  Resolutions  Nos.  47,  50 
and  110,  and  Ordinances  Nos.  44  and  46,  asked  leave  to  sub- 
mit a  substitute  proposed  by  the  committee  for  the  whole 
matter. 

Messrs.  Massey,  Taylor,  Kerr  and  Munden,  from  the  Com- 
mittee on  the  Executive  Department,  asked  leave  to  present 
the  following  report,  to-wit : 

"  The  Committee  on  the  Executive  Department,  to  whom 
was  referred  Ordinances  Nos.  44  and  110,  proposing  to  abolish 
the  office  of  Lieutenant  Governor,  having  had  the  same  under 
consideration,  we  the  undersigned,  members  of  said  commit- 
tee, ask  leave  to  submit  the  following  minority  report,  to-wit : 

That  this  officer  receiving  no  pay  or  compensation  only 
when  acting  as  President  of  the  Senate,  or  as  Governor,  in  our 
opinion  the  abolition  of  this  office  can  bring  no  relief  to  the 
people. 

We  would  further  state  that  we  deem  the  election  of  Lieu* 


CONTENTION  OF  1875.  185- 

tenant  Governor  by  the  people  as  more  economical  than  con- 
suming time  at  each  session  of  the  Legislature  in  choosiog  a. 
presiding  officer  of  the  Senate. 

Therefore,  we  recommend  that  said  ordinance  do  not  pass. 
Respectfully  submitted, 

P.  T.  MASSEY, 
EDWARD  W.  TAYLOR, 
W.  M.  KERR, 
W.  J.  MUNDEN, 

ComrnitteeP 

Mr.  Manning,  of  Chatham,  introduced  an  ordinance  for  sub- 
mitting, as  a  separate  and  distinct  proposition  to  the  people,, 
the  substitute  reported  by  the  Committee  on  Amendment. 

The  ordinance  was  read  and  placed  on  the  calendar. 

Mr.  Manning,  of  New  Hanover,  moved  to  suspend  the  rules,, 
and  take  up  the  report  of  the  Committee  on  Amendment,  on 
Ordinances  Nos.  87,  96,  130,  153  and  211. 

The  motion  prevailed. 

The  question  recurred  upon  the  adoption  of  the  substitute^, 
and  it  was  adopted. 

The  ordinance  was  then  read  and  passed  the  second  time. 

On  motion,  the  rules  were  suspended,  and  the  ordinance- 
put  upon  its  third  reading. 

Mr.  Clingman  moved  to  strike  out  "  two-thirds"  and  insert 
-;  three-fifths." 

The  yeas  and  nays  were  ordered,  and  the  amendment  pre- 
vailed.    Yeas  51,  nays  44,  as  follows  : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Badger,  Bean,  Bennett,  Bingham,  Bunn,, 
Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,. 
Dobson,  Durham,  Everett,  Faison,  Farrior,  George,  Green,. 
Harrington,  Henderson,  Jarvis,  Jones  of  Caldwell,  Kirby, 
Lowe,  Manning  of  Chatham,  Marshall,  Massey,  McCorkle^. 
McEachin,  Morehead,  Neal,  Nicholson,  Patterson,  Price,  Red- 
wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates.„ 


-186  JOURNAL  OF  THE 

Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Strowd,  Summers,  Turner,  Yanghan,  Watts  and  Withers. 

Nays — Messrs.  Albertson,  Barrow,  Bell,  Bliven,  Blocker, 
Bowman,  Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Chamberlain, 
Davis,  Dixon,  Dockery,  Dula,  French,  Goodwin,  Grantham, 
Hampton,  Hodge,  Hoffman,  Holton,  Jones  of  Yadkin,  Jor- 
dan, Justice,  Kerr,  Mabson,  Manning  of  New  Hanover,  Mc- 
Cabe,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Scott  of 
Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox, 
Woodfin  and  Young. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Allison,  Barringer,  Bateman,  Black, 
Byrd,  Hassell,  Hinnant,  Horton,  King  of  Lenoir,  King  of 
Pitt,  Lehman,  Love,  McCanless,  Motz,  Spake,  Stallings  and 
Wilson. 

Mr.  Buxton  moved  to  amend  by  inserting  in  the  second 
line,  after  the  word  "  called,"  these  words,  "  by  the  General 
Assembly,  unless  by  the  concurrence  of  two-thirds  of  all  the 
members  of  each  house  of  the  General  Assembly." 

The  amendment  prevailed. 

Mr.  Olingman  called  the  previous  question.  The  call  was 
sustained. 

The  question  recurring  on  the  passage  of  the  ordinance  on 
its  third  reading,  it  was  passed  the  third  time. 

Mr.  Clingman  moved  to  reconsider  the  vote  just  had,  and 
to  lay  that  motion  on  the  table. 

The  motion  to  table  prevailed. 

The  hour  for  the  special  order  having  arrived,  the  Conven- 
tion entered  upon  the  consideration  of  the  report  of  the  Com- 
mittee on  Revenue,  Taxation  and  the  Public  Debt,  on  ordi- 
nances No.  33  and  194. 

The  question  recurred  on  the  adoption  of  the  substitute  pro- 
posed by  the  committee,  which  substitute  proposes  that  the 
General  Assembly  shall  have  no  power  to  levy  taxes  for  the 
payment  or  adjustment  of  more  than  five  per  cent,  of  the 
principal  of  the   bonds   of  the    State,  known  as  special  tax 


CONVENTION  OF  1875.  187 

bonds,  and  thirty-three  per  cent,  of  all  other  bonds  of  the 
State,  until  the  question  of  such  additional  levy  shall  have 
been  submitted  to  the  qualified  voters  of  the  State  for  their 
approval  or  disapproval,  and  shall  have  been  approved  by  a 
majority  thereof;  and  that  no  part  of  the  interest  which  has 
accrued,  or  which  majT  hereafter  accrue  upon  any  of  the  bonds 
of  the  State,  shall  ever  be  paid. 

Mr.  Jarvis  offered  to  amend  by  striking  out  in  lines  two 
and  three  the  words  "  more  than  five  per  cent,  of  the  prin- 
cipal of." 

Mr.  Tourgee  offered  the  following  substitute  : 

"Whereas,  In  the  opinion  of  this  Convention  the  State  of 
North  Carolina  is  indebted  in  a  sum  beyond  her  ability  to  pay 
without  the  impoverishment  of  her  people  : 

"  Section  1.  Be  it  therefore  ordained  by  the  people  of  North 
Carolina  in  Convention  assembled,  That  the  Legislature,  at 
its  next  session  after  the  vote  on  the  amendments  submitted 
by  this  Convention,  shall  provide  for  a  tribunal  of  arbitration, 
to  be  composed  as  follows  :  One  member  of  said  tribunal  to 
be  selected  by  vote  of  the  General  Assembly,  one  by  the  State 
Board  in  the  City  of  New  York,  and  then  two  to  select  the 
third,  neither  of  said  arbitrators  to  be  citizens  of  this  State; 
and  before  acting  as  such  arbitrators  to  take  an  oath  that  they 
are  not  interested  directly  or  indirectly  in  the  bonds  of  the 
State. 

"  Sec.  2.  That  said  arbitrators  shall  proceed  to  make  an 
equitable  adjustment  of  the  entire  debt  of  the  State,  consid- 
ering all  circumstances,  affecting  the  validity  of  said  bonds, 
aud  the  ability  of  the  State  to  pay,  having  such  counsel  for 
both  parties  as  may  appear  before  them,  and  report  decision 
to  the  Governor  of  the  State. 

"  Sec.  3.  That  the  decision  of  said  tribunal  of  arbitra- 
tion shall   be  final,  and  the   Legislature   shall  enact   laws  to 


188  JOURNAL  OF  THE 

carry  the  same  into  effect,  immediately  upon  its  being  trans- 
mitted to  them  by  the  Governor." 

Mr.  Allman  moved  to  re-commit  the  ordinance,  together 
with  the  amendments  proposed. 

Pending  the  consideration  of  the  question,  Mr.  Turner  de- 
manded the  previous  question. 

The  call  was  sustained. 

The  question  recurred  first  upon  the  motion  to  re-commit. 

The  yeas  and  nays  were  ordered,  and  the  motion  to  re-com- 
mit prevailed.     Yeas  49,  nays  38,  as  follows  : 

Yeas — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Barrow,  Bell,  Bennett,  Bingham, 
Bliven,  Blocker,  Bowman,  Bullock,  Bunn,  Bnxton,  Cary, 
Carter,  Clingman,  Cooper,  Cunningham,  Davis,  Dixon,  Dock- 
ery,  Farrior,  Goodwin,  Grantham,  Hampton,  Harrington, 
Henderson,  Hodge,  Jordan,  Kerr,  Mabson,  Mannix,  Marshall, 
McCabe,  McCorkle,  O'Hara,  Page,  Redwine,  Bobbins,  Roberts 
of  Davidson,  Rumley,  Scott  of  Onslow,  Shober,  Singeltary, 
Wilcox,  Woodfin  and  Young. 

Nays. — Messrs.  Bean,  Boyd,  Bryan,  Cowell,  Dobson,  Dula, 
Durham,  Everett,  Faison,  French,  George,  Green,  Hoffman, 
Halton,  Jarvis,  Jones  of  Caldwell,  Jones  of  Yadkin,  Kirby, 
Lowe,  Manning  of  New  Hanover,  McDonald,  McEachin, 
Morehead,  Nicholson,  Nowell,  Patterson,  Price,  Reid,  Roberts 
of  Gates,  Scott  of  Jones,  Shepherd,  Smythe,  Summers,  Taylor, 
Thorne,  Watte,  Wheeler  and  Wilson. 

The  following  delegates  paired  off: 

Messrs.  Allison,  Barringer,  Bateman,  Black,  Byrd,  Cham- 
berlain, Faircloth,  Hassell,  Hinnant,  Horton,  King  of  Lenoir, 
King  of  Pitt,  Lehman,  Love,  Massey,  McCanless,  Motz,  Neal, 
Spake  and  Stallings. 

Messrs.  Badger  and  Munden  were  excused  from  voting  on 
the  question. 

The  Convention  then  entered  upon  the  consideration  of  the 
next   special  order,    to-wit :  O.    No.    200 :  An   ordinance  to 


CONTENTION  OF  1875.  189 

amend  section  6,  article  1,   of  the  Constitution,  providing  for 
repudiation  of  the  special  tax  bonds. 

Mr.  Jarvis  moved  to  postpone  the  further  consideration  of 
the  ordinance,  and  make  it  the  special  order-  for  Monday  at 
1  o'clock. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed. 
Yeas  53,  nays  25,  as  follows  : 

Yeas — Messrs.  Albertson,  Anderson  of  Clay,  Anderson  of 
Madison,  Bean,  Bennett,  Boyd,  Bunn,  Bryan,  Carter,  Cowell, 
Davis,  Dula,  Durham,  Everett,  Faison,  Farrior,  French, 
George,  Goodwin,  Harrington,  Henderson,  Hoffman,  Holton, 
Jarvis,  Kirby,  Lowe,  Manning  of  Chatham,  Marshall,  Mc- 
Donald, McEachin,  Nicholson,  Nowell,  O'Hara,  Patterson, 
Price,  Redwine,  Reid,  Bobbins,  Roberts  of  Davidson,  Rob- 
erts of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober, 
Singeltary,  Stuythe,  Summers,  Thorne,  Turner,  Watts, 
Wheeler,  Wilcox  and  Wilson. 

Nays — Messrs.  Allman,  Avery,  Barrow,  Bell,  Blocker, 
Clingman,  Coleman,  Cooper,  Cunningham,  Dixon,  Dobson, 
Grantham,  Hampton,  Hodge,  Jones  of  Caldwell,  Jones  of 
Yadkin,  Jordan,  Mabson,  Mannix,  McCabe,  McCorkle,  More- 
head,  Page,  Taylor  and  Woodfin. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Allison,  Barringer,  Bateman,  Bing- 
ham, Black,  Byrd,  Chamberlain,  Crosby,  Faircloth,  Hassell, 
Hinnant,  Horton,  Justice,  King  of  Lenoir,  King  of  Pitt,  Leh- 
man, Love,  Massey,  McCanless,  Motz,  Neal,  Spake,  Stallings, 
Strowd,  Yaughan  and  Withers. 

Mr.  Boyd,  by  leave  of  the  House,  withdrew  ordinance  No. 
260,  which  was  a  special  order  for  to  day. 

The  Convention  then  adjourned  until  Monday  at  10  A.M. 


190  JOURNAL  OF  THE 


TWENTY-FIFTH  DAY. 

Monday,  October  4,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
ehair. 

Prayer  was  offered  by  the  Rev.  Dr.  Pritchard. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  O'Hara  until  Wednesday  ; 

To  Mr.  McDonald  until  Wednesday; 

To  Mr.  Tourgee  until  Thursday  ; 

To  Mr.  Bennett  until  Friday. 

Mr.  Cooper  presented  a  petition  from  W.  C.  Evans  of  Cher- 
okee, praying  the  Convention  to  labor  for  the  good  of  the  State. 

Mr.  Scott,  of  Jones,  moved  that  the  petition  be  printed  and 
made  the  special  order  for  next  Monday  at  12  M. 

Mr.  Clingman  moved  to  lay  that  motion  upon  the  table. 

The  motion  to  table  prevailed. 

The  following  ordinances  and  resolntins  were  introduced, 
read  and  passed  the  first  time,  and  were  referred,  or  otherwise 
disposed  of,  as  follows  : 

By  Mr.  Badger :  An  ordinance  to  amend  section  — ,  article 
— ,  ot  the  Constitution.     Placed  on  the  calendar. 

By  Mr.  Hoi  ton:  A  resolution  to  pay  the  contestants  from 
Robeson  county.     Read  and  adopted. 

Reports  from  standing  committees  were  submitted,  as 
follows  : 

Mr.  Durham,  from  the  Committee  on  Revenue,  Taxation 
and  the  Public  Debt,  to  whom  were  re-committed  various 
resolutions  and  ordinances  for  the  adjustment  of  the  public 
debt,  submitted  a  report  with  an  accompanying  substitute. 

By  Mr.  Manning,  of  Chatham,  from  the  Committee  on  the 
Judicial  Department,  O.  No.  243  :  An  ordinance  to  add  three 


CONVENTION  OF  1875.  191 

sections  to   article  -1  of  the   Constitution   of  North  Carolina, 
with  an  accompanying  substitute. 

From  the  Committee  on  Municipal  Corporations: 

By  Mr.  Shepherd,  R.  No.  93  :  A  resolution  to  amend  sec- 
tion 1  of  the  8th  article  of  the  Constitution,  relatire  to  city  and 
town  governments,  with  a  recommendation  that  it  do  not 
pass. 

From  the  Committee  on  Revision  : 

By  Mr.  Reid,  O.  No.  255:  An  ordinance  to  amend  "an 
ordinance  to  submit  amendments  of  this  Constitution  to  the 
people,"  with  an  accompanying  substitute. 

From  the  Committee  on  the  Judicial  Department: 

By  Mr.  Bennett,  R's.  Nos.  115  and  137,  proposing  to  alter 
section  26,  article  -1,  of  the  Constitution,  with  an  accompany- 
ing substitute  ; 

O.  No.  177:  An  ordinance  providing  for  the  election  of 
Solicitors  by  the  Legislature,  being  a  substitute  for  seetion  29, 
article  4,  with  a  recommendation  that  it  do  not  pass. 

Mr.  Bennett  also  submitted  a  reported  from  the  Committee, 
proposing  to  add  to  article  1  of  the  Constitution,  as  an  addi- 
tional section,  the  following : 

"  In  case  the  General  Assembly  shall  establish  other  courts 
inferior  to  the  Supreme  Court,  the  judges  and  clerks  thereof 
shall  be  elected  in  such  manner  as  the  General  Assembly  may 
prescribe,  and  they  shall  hold  their  offices  for  a  term  not  ex- 
ceeding eight  years." 

Messrs.  Bean,  Blocker,  Bliven  and  McCanless  asked  leave 
to  submit  the  following  report  as  the  minority  of  the  Commit- 
tee on  a  Preamble  and  Bill  of  Rights  : 

"  We,  undersigned,  beg  leave  to  make  a  minority  report, 
having  failed  to  agree  with  a  mojority  of  the  Committee  on  a 
Preamble  and  Bill  of  Rights  to  amend  section  37,  article  1,  on 
the  ground  that  the  proposed  amendment  is  an  infringement 


192  JOURNAL  OF  THE 

upon,  and  a  usurpation  of,  the  reserved  rights  of  the  people  in 
our  present  Constitution." 

Mr.  Turner,  from  the  Committee  on  a  Preamble  and  Bill  of 
Rights,  submitted  the  following  report : 

O.  No.  40  :  An  ordinance  to  amend  section  37,  article  1,  of 
the  Constitution,  with  a  recommendation  that  it  do  pass  ; 

O.  No.  242  :  An  ordinance  to  prohibit  secret  political  asso- 
ciations in  North  Carolina,   with   an  accompanying  substitute. 

Mr.  Turner  moved  to  suspend  the  rules  and  put  this  ordi- 
nance on  its  passage. 

The  motion  prevailed. 

The  question  recurring  on  the  adoption  of  the  substitute,  it 
was  adopted. 

The  ordinance,  as  amended,  was  then  read  and  passed  the 
second  and  third  times,  under  a  suspension  of  the  rules. 

Mr.  French  moved  to  suspend  the  rules  and  take  up  O.  No. 
225:  An  ordinance  to  amend  article  3  of  the  Constitution, 
establishing  a  Department  of  Agriculture. 

The  question  recurred  on  the  substitute  proposed  b}7  the 
Committee  on  the  Legislative  Department. 

Mr.  Turner  proposed  to  amend  the  substitute,  by  striking 
out  in  line  5  the  word  "shall,"  and  inserting  the  word  "may" 
in  lieu  thereof. 

The  amendment  did  not  prevail,  and  the  substitute  proposed 
by  the  committee  was  adopted. 

The  ordinance  then  passed  the  second  time. 

The  ordinance  was  then  read  and  passed  the  third  time. 

The  consideration  of  General  Orders  being  in  order,  the 
Convention  proceeded  to  consider  O.  No.  121  :  An  ordinance 
to  abrogate  and  annul  sections  15,  16  and  17,  of  the  Consti- 
tution of  North  Carolina,  and  substitute  theref?r  the  following : 

"  The  General  Assembly  shall  have  no  power  to  deprive 
the  Judicial  Department  of  any  power  or  jurisdiction  which 
^rightfully  pertains  to  it,  as  a  co-ordinate  department  of  the 


CONVENTION  OF  1875.  193 

government ;  but  the  General  Assembly  shall  allot  and  dis- 
tribute that  portion  of  this  power  and  jurisdiction,  which  does 
not  pertain  to  the  Supreme  Court,  among  the  other  courts 
prescribed  in  this  Constitution,  or  which  may  be  established 
by  law,  in  such  manner  as  it  mav  deem  best;  provide  also  a 
proper  system  of  appeals,  and  regulate  by  law,  when  necessary, 
the  methods  of  proceeding  in  the  exercise  of  their  powers,  of 
all  the  Courts  below  the  Supreme  Court,  so  far  as  the  same 
may  be  done  without  conflict  with  other  provisions  of  this 
Constitution." 

The  ordinance  was  read  the  second  time. 

Pending  its  consideration,  Mr.  Bennett  called  the  previous 
question. 

The  yeas  and  nays  were  demanded,  and  the  call  was  sus- 
tained, yeas  50,  nays  47,  as  follows: 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Dobson,  Durham,  Faison, 
Farrior,  George,  Green,  Harrington,  Henderson,  Jarvis,  Jones 
of  Caldwell,  Manning  of  Chatham,  Marshall,  McCorkle,  Mc- 
Eachin,  Morehead,  Motz,  N.eal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Bobbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan  and 
Watts. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bean,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Chamberlain,  Davis,  Dixon,  Dockery,  Dnla, 
Faircloth,  French,  Goodwin,  Hampton,  Hinnant,  Hodge,  Hoff- 
man, Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr, 
King  of  Lenoir,  Lowe,  Mabson,  Mannix,  Manning  of  New 
Hanover,  Massey,  McCabe,  Munden,  Nowell,  Page,  Smythe, 
Taylor,  Thorne,  Wheeler,  Wilcox  and  Woodfin. 

The  following  gentlemen  were  paired  : 

Mr.  President,  Messrs.  Bateman,  Bell,  Black,  Byid,  Cun~ 
13 


1U  JOURNAL  OF  THE 

ningham,  Everett,  Faircloth,  Grantham,  Hassell,  King  of  Pitt, 
Kirby,  Lehman,  Love,  McCanless,  McDonald,  O'Hara,  Scott 
of  Jones,  Singeltary,  Stallings,  Tourgee,  Wilson,  Withers  and 
Young. 

The  question  recurred  on  the  passage  of  the  ordinance  on 
its  second  reading. 

The  yeas  and  nays  were  ordered,  and  the  ordinance  passed 
the  second  time,  yeas  50,  nays  46,  as  follows: 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Anderson 
of  Madison,  Avery,  Bennett,  Bingham,  Burin,  Carter,  Cling- 
man,  Coleman,  Cooper,  Cowell,  Dobson,  Durham,  Faison,Far- 
rior, George,  Green,  Harrington,  Henderson,  Jarvis,  Jones  of 
Caldwell,  Manning  of  Chatham,  Marshall,  McCorkle,  Mc- 
Eachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Strowd,  Summers,  Turner,  Vaughan  and 
Watts. 

Nays—  Messrs.  Albertson,  Badger,  Barringer,  Barrow,Bean, 
Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton,  Bryan, 
Cary,  Chamberlain,  Davis,  Dixon,  Dockery,  Dula,  French, 
Goodwin,  Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Hor- 
ton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir, 
Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover,  Massey, 
McCabe,  Mnnden,  Nowell,  Page,  Smythe,  Taylor,  Thorne, 
Wheeler,  Wilcox,  Woodfin  and  Young. 

The  following  gentlemen  were  paired  : 

Mr.  President,  Messrs.  Bateman,  Bell,  Black,  Byrd,  Crosby, 
Cunningham,  Everett,  Faircloth,  Grantham,  Hassell,  King  of 
Pitt,  Kirby,  Lehman,  Love,  McCan^ss,  McDonald,  O'Hara, 
Scott  of  Jones,  Stallings,  Tourgee,  Wilson  and  Withers. 

The  Convention  next  entered  upon  the  consideration  of  O. 
No.  98  :  An  ordinance  to  abrogate  and  annul  section  33, 
article  4,  of  the  Constitution,  respecting  the  jurisdiction  of 
Justices  of  the  Peace. 

The  ordinance  was  read  the  second  time. 


CONVENTION  OF  1875.  195 

The  question  recurred  on  the  adoption  of  the  substitute  pro- 
posed by  the  committee.  The  substitute  proposes  to  strike 
out  section  33,  article  4,  of  the  Constitution. 

Pending  its  consideration,  Mr.  Bennett  called  the  previous 
-question. 

The  yeas  and  nays  were  demanded,  and  the  call  was  sus- 
tained, yeas  50,  nays  48,  as  follows : 

Yea.8 — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bnnn,  Carter, 
Olingman,  Coleman,  Cooper,  Cowell,  Dobson,  Durham,  Fai- 
son,  Farrior,  George,  Green,  Harrington,  Henderson,  Jarvis, 
Jones  of  Caldwell,  Love,  Manning  of  Chatham,  Marshall, 
McCorkle,  McE^chin,  Morehead,  Motz,  Neal,  Nicholson,  Pat- 
terson, Price,  Redwiue,  Reid,  Bobbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rnmley,  Scott  of  Onslow,  Shepherd,  Sho- 
wer, Sinclair,  Singeltary,  Strowd,  Summers,  Turner,  Yaughan 
and  Watts. 

Nats — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bean, 
"Bell,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Chamberlain,  Davis,  Dixon,  Dockery,  Dula, 
Trench,  Goodwin,  Hampton,  Hinnant,  Hodge,  Hoffman,  Hol- 
ton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of 
"Lenoir,  Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover, 
Massey,  McCabe,  Munden,  Nowell,  Page,  Smythe,  Taylor, 
Thorne,  Wheeler,  Wilcox,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Byrd,  Crosby,  Cun- 
ningham, Everett,  Faircloth,  Grantham,  Hassell,  King  of  Pitt, 
Kirby,  Lehman,  McCanless,  McDonald,  O'Hara,  Scott  of  Jones, 
Stallings,  Tourgee,  Wilson  and  Withers. 

The  previous  question  being  ordered,  the  question  recurred 
on  the  adoption  of  the  substitute. 

The  yeas  and  nays  were  ordered,  and  the  substitute  was 
•  adopted.    Yeas  51,  nays  47,  as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Anderi. 
son  of  Madison,  Barringer,  Bennett,  Bingham,  Bunn,  Carter 


196  JOURNAL  OF  THE 

Clingman,  Coleman,  Cooper,  Cowell,Dobson,  Durham,  Faison, 
Farrior,  George,  Green,  Harrington,  Henderson,  Jarvis,  Jones 
of  Caldwell,  Love,  Manning  of  Chatham,  Marshall,  McCorkle, 
McEachin.  Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Bobbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Ruinley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Strowd,  Summers,  Turner,  Yaughan  and 
Watts. 

Nays — Messrs.  Albertson,  Badger,  Barrow,  Bean,  Bell, 
Bliven,  Blocker,  Bowman,  Boyd,  Bnllock,  Buxton,  Brvan, 
Cary,  Chamberlain,  Davis,  Dixon,  Dockery,  Dula,  French, 
Goodwin,  Hampton,  Hinnant,  Hodge,  II  off  man,  Holton, 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of 
Lenoir,  Lowe,  Mabson,  Mannix,  Manning  of  New  Hanover, 
Massey,  McCabe,  Munden,  Nowell,  Page,  Smythe,  Taylor 
Thorne,  Wheeler,  Wilcox,  Woodlin  and  Young. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Byrd,  Crosby,  Cun- 
ningham, Everett,  Faircloth,  Grantham,  Hassell,  King  of  Pitt, 
Kirby,  Lehman,  McCanless,  McDonald,  O'Hara,  Scott  of 
Jones,  Stallings,  Tourgee,  Wilson  and  Withers. 

The  question  then  recurred  on  the  passage  of  the  ordinance 
on  its  second  reading. 

Pending  its  consideration,  the  Chair  announced  that  the 
hour  had  arrived  for  the  special  order,  to-wit  : 

O.  No.  200  :  An  ordinance  to  amend  section  6,  article  1,  of 
the  Constitution,  providing  for  the  repudiation  of  the  special 
tax  bonds. 

The  ordinance  was  read  the  second  time. 

The  question  recurred  upon  the  adoption  of  the  substitute 
proposed  by  the  Committee  on  a  Preamble  and  Bill  of  Rights, 
in  place  of  the  original  bill. 

The  substitute  reads  as  follows : 

«..'     "  No  future  General  Assembly   shall   levy  any  tax  or  raise 
a,ny  money  to  pay  the  interest  or  principal  of  any  of  the  bonds 


CONVENTION  OF  1875.  197 

of  the  State  issued  in  aid  of  any  railroad  corporation  under 
the  authority  of  the  Constitutional  Convention  held  in  the 
year  one  thousand  eight  hundred  and  sixty  eight,  or  by  the 
authority  of  an}7  subsequent  General  Assembly  bearing  date 
between  the  first  dajr  of  January,  one  thousand  eight  hun- 
dred and  sixty  eight,  and  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  seventy-five,  without  first  submitting 
the  question  to  the  qualified  voters  of  the  State." 

The  substitute  was  adopted,  and  took  the  place  of  the  origi- 
nal bill  introduced  by  Mr.  Jar  vis,  and  reported  back  from  the 
Committee  on  a  Preamble  and  Bill  of  Rights. 

Mr.  Durham  offered  the  following  substitute : 

"  Sec.  — .  The  General  Assembly  shall  have  no  power  to 
levy  taxes  for  the  payment  or  adjustment  of  more  than  five 
per  cent,  of  the  principal  of  the  bonds  of  the  State,  known 
as  special  tax  bonds,  and  thirty-three  per  cent,  of  all  other 
bonds  of  the  State,  until  the  question  of  such  additional  levy 
shall  have  been  submitted  to  the  qualified  voters  of  the  State 
for  their  approval  or  disapproval,  and  shall  have  been  ap- 
proved by  a  majority  thereof.  And  no  part  of  the  interest 
which  has  accrued,  or  which  may  hereafter  accrue,  upon  any 
of  the  bonds  of  the  State,  shall  ever  be  paid." 

Mr.  Jarvis  offered  the  following  amendment  to  this  substi- 
tute :  "  Strike  out  the  words  '  more  than  five  per  cent." 

Mr.  Young  moved  to  lay  the  wh©le  matter  upen  the  table> 

The  yeas  and  nays  were  ordered,  and  the  motion  did  not 
prevail.     Yeas  18,  nays  69,  as  follows : 

Yeas — Messrs.  Allison,  Avery,  Barrow,  Bennett,  Buxton > 
Bryan,  Clingman,  Coleman,  Dockery,  Jones  of  Caldwell,  Jor- 
dan, King  of  Lenoir,  Mannix,  Manning  of  New  Han»ver, 
Page,  Shober,  Smythe  and  Young, 

Nays — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  An* 
derson  of  Madison,  Barringer,  Bean,  Bell,  Bowman,  Boyd> 
Bullock,  Bnnn,  Cary,   Carter,  Chamberlain,  Cooper,  CowelL, 


198  JOURNAL  OF  THE 

Davis,  Dixon,  Dobeon;  Dula,  Durham,  Faison,  Farrior,  French,, 
George,  Goodwin,  Green,  Hampton,  Harrington,  Hender- 
son, Hiunant,  Hodge,  Hoffman,  Horton,  Jarvis,  Justice,  Kerr 
Love,  Lowe,  Mabson,  Manning  of  Chatham,  Marshall,  Massey^ 
McCabe,  McCorkle,  McEachin,  Motz,  Munden,  Neal,  Nicholson, 
Nowell,  Patterson,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Scott  of  Onslow,  Shepherd,  Sinclair,  Sin- 
geltary,  Summers,  Taylor,  Thorne,  Turner,  Vaughan,  Wilcox, 
Wilson  and  Woodfio. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Bateman,  Bingham,  Black,  Byrd, 
Crosby,  Cunningham,  Everett,  Faircloth,  Grantham,  Hassell, 
Holton,  King  of  Pitt,  Kirby,  Lehman,  McCanless,  McDonald, 
Morehead,  O'Hara,  Scott  of  Jones,  Stallings,  Tourgee,  Wheeler 
and  Withers. 

Mr.  McCabe  moved  that  the  Convention  do  now  adjourn. 
The  yeas  and  nays  were  ordered,  and^  the  Convention  refused 
to  adjourn,  yeas  25,  nays  46,  as  follows  : 

Yeas — Messrs.  Barringer,  Barrow,    Bell,  Bennett,  Bliven, 
Bowman,  Bryan,    Cary,  Davis,    Dixon,  Dockery,    Goodwin, 
Hi  im  at  it,  Hodge,  Hoffman,  Holton,  Justice,  King  of  Lenoir,^ 
Mabson,  Manning  of  New  Hanover,  Massey,  McCabe,  Munden 
Thorne  and  Young. 

Mays — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  Ant 
derson  of  Madison,  Avery,  Bingham,  Boyd,  Bunn,  Carter 
Clingman,  Cooper,  Cowell,  Dobson,  Durham,  Farrior,  French, 
Green,  Harrington,  Henderson,  Jarvis,  Jones  of  Caldwell, 
Love,  Manning  of  Chatham,  McCorkle,  Morehead,  Motz,  Neal, 
Nicholson,  Nowell,  Patterson,  Redwine,  Reid,  Robbins,  Rob- 
erts of  Davidson,  Roberts  of  Gates,  Scott  of  Onslow,  Shep- 
herd, Shober,  Siugeltary,  Smythe,  Spake,  Summers,  Turner, 
Watts,  Wheeler  and  Wilcox. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Bateman,  Byrd,  Coleman,  Crosby, 
Cunningham,  Everett,  Faircloth,  Grantham,  Hassell,  Jones  of 
Yadkin,  King  of  Pitt,  Kirby,  Lehman,  Marshall,  McCanless, 


CONVENTION  OF  1875.  1*9 

McDonald,  O'Hara,  Price,  Scott  of  Jones,  Sinclair,  Stallings, 
Tonrgee,  Wilson  and  Withers. 

Mr.  Young  then  demanded  the  previous  question. 

The  call  was  sustained. 

The  question  recurred  on  the  amendment  proposed  by  Mr. 
Jarvis. 

The  yeas  and  nays  were  ordered,  and  the  amendment  pre- 
vailed, yeas  43,  nays  33,  as  follows  : 

Yeas — Messrs.  Anderson  of  Clay,  Anderson  of  Madison* 
Bean,  Bennett,  Boyd,  Bunn,  Cary,  Carter,  Davis,  DoVison, 
Dula,  Durham,  Faison,  Farrior,  George,  Harrington,  Hinnant, 
Holton,  Jarvis,  Jones  of  Yadkin,  King  of  Lenoir,  Lowe,  Man- 
ning of  Chatham,  Marshall,  Massey,  McEachin,  Motz,  Mnn- 
den,  Nicholson,  Patterson,  Price,  Bedvrine,  Beid,  Bobbins, 
Boberts  of  Davidson,  Scett  of  Onslow,  Shepherd,  Singeltary, 
Strowd,  Turner,  Watts,  Wheeler  and  Wilson. 

Nays — Messrs.  Albertson,  Avery,  Barrow,  Bingham, 
Bliven,  Blocker,  Bryan,  Chamberlain,  Clingman,  Cowell, 
Dockery,  French,  Green,  Hampton,  Henderson,  Jones  of 
Caldwell.  Jordan,  Love,  Mabson,  Manning  of  New  Hanover, 
McCabe,  McCorkle,  Morehead,  Neal,  Nowell,  Page,  Roberts 
of  Gates,  Shober,  Sraythe,  Spake,  Taylor,  Thorne  and  Young. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Allison,  Allman,  Bateman,  Bell, 
Black,  Bliven,  Buxton,  Byrd,  Cooper,  Crosby,  Cunningham, 
Everett,  Faircloth,  Grantham,  Hassell,  King  of  Pitt,  Kirby, 
Lehman,  McCanless,  McDonald,  O'Hara,  Scott  of  Jones,  Sin- 
clair, Stallings,  Tourgee,  Vaughan,  Wilcox  and  Withers. 

Mr.  Turner,  by  unanimous  leave,  offered  to  amend  by  strik- 
ing out  the  words  "  in  aid  of  any  railroad  corporation,"  in  the 
8th  line. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  20,  nays  65,  as  follows  : 

Yeas — Messrs.  Anderson  of  Madison,  Bennett,  Boyd,  Cary, 
Cowell,  Davis,  Dobson,  Dula,  Faison,  Farrior,  George,  Hin- 


200  JOURNAL  OF  THE 

nant,  Holtcn,  Jones  of  Yadkin,  Justice,  King  of  Lenoir,  Pat- 
terson, Turner,  Watts  and  Wheeler. 

Nays — Messrs.  Albertson,  Alltnan,  Avery,  Barringer,  Bar- 
row, Bell,  Bingham,  Bliven,  Blocker,  Buxton,  Carter,  Cham- 
berlain, Clingman,  Coleman,  Doekery,  Durham,  French, 
Green,  Hampton,  Henderson,  Hodge,  Hoffman,  Horton,  Jar- 
vis,  Jones  of  Caldwell,  Jordan,  Love,  Lowe,  Mabson,  Mannix, 
Manning  of  Chatham,  Manning  of  New  Hanover,  Marshall, 
Massey,  McCabe,  McCorkle,  McEachin,  Morehead,  Motz,  Mun- 
den,  Neal,  Nicholson,  Nowell,  Page,  Price,  Red  wine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Smythe, 
Spake,  Strowd,  Summers,  Taylor,  Thorne,  Vaughan,  Wilcox 
and  Woodfin. 

The  following  delegates  were  paired  : 

Mr.  President,  Messrs.  Allison,  Anderson  of  Clay,  Bateman, 
Bullock,  Byrd,  Coleman,  Crosby,  Cunningham,  Everett,  Fair- 
cloth,  Grantham,  Hassell,  King  of  Pitt,  Kirby,  Lehman,  Love, 
McCanless,  McDonald,  O'Hara,  Scott  of  Jones,  Stallings, 
Toargee,  Withers  and  Young. 

Mr.  Boyd,  by  unanimous  consent,  offered  the  following  sub- 
stitute : 

"  The  General  Assembly  shall  have  no  power  to  enact  any 
law  levying  a  tax  upon  the  people  of  this  State  for  the  pur- 
pose of  paying  any  part  of  either  the  principal  or  interest  of 
any  bonds  or  other  evidences  of  debt  held  or  out-standing 
against  the  State  of  North  Carolina,  issued,  contracted,  or 
•owing  prior  to  the  first  day  of  July,  A.  D.  1865  ;-or  of  any 
part  of  a  certain  class  of  bonds  issued  since  that  time  in  the 
name  of  the  State,  and  denominated  'Special  Tax  Bonds'; 
except  it  be  provided  in  the  act  levying  any  tax  for  any  such  pur- 
pose that  such  act  be  submitted  to  the  qualified  voters  of  the 
State  for  ratification  or  rejection,  and  such  act  shall  have  no 
effect,  until  a  majority  of  voters  shall  have  ratified  the  same." 


CONVENTION  OF  1875.  201 

The  yeas  and  nays  were  ordered  on  demand,  and  the  sub- 
stitute was  rejected,  yeas  17,  nays  70,  as  follows: 

Yeas — Messrs.  Avery,  Bowman,  Boyd,  Chamberlain, 
Cooper,  Davis,  Dula,  Goodwin,  Holton,  Jones  of  Yadkin,  Jus- 
tice, Massey,  Munden,  Turner,  Wheeler,  Wilson  and  Woodfin. 

Nats — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Madison,  Barringer,  Barrow,  Bean,  Bell,  Bennett,  Bingham, 
Blocker,  Bullock,  Buxton,  Bryan,  Carter,  Clingman,  Coleman, 
Cowell,  Dobson,  Dockery,  Durham,  Faison,  Farrior,  French, 
George,  Green,  Hampton,  Hiunant,  Hodge,  Hoffman,  Horton 
Jarvig,  Jones  of  Caldwell,  Jordan,  Kerr,  King  of  Lenoir 
Love,  Lowe,  Mannix,  Manning  of  Chatham,  Manning  of  New 
Hanover,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Nowell,  Page,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Smythe,  Spake,  Strowd, 
Summers,  Taylor,  Thorne,  Vanghan,  Watts  and  Wilcox. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Bateman,  Bunn,  Byrd,  Cary,  Crosby, 
Cunningham,  Everett,  Faircloth,  Grantham,  Hassell,  King  of 
Pitt,  Kirby,  Lehman,  McCabe,  McCanless,  McDonald,  O'Hara, 
Scott  of  Jones,  Stallings,  Tourgee  and  Withers. 

Mr.  French,  by  unanimous  leave,  offered  to  amend  by  add- 
ing that  "  the  General  Assembty  may,  at  any  time,  appoint  a 
commission  of  citizens  of  the  State  to  confer  with  the  creditors 
or  holders  of  the  bonds  of  this  State,  with  a  view  to  a  settle- 
ment or  compromise  of  the  State  debt." 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail.     Yeas  11,  nays  76,  as  follows : 

Yeas — Messrs.  Barrow,  Chamberlain,  Clingman,  French, 
Hodge,  Hoffman,  Horton,  Justice,  Nowell  and  Smythe. 

Nats — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barringer,  Bean,  Bell,  Bennett,  Bing- 
ham. Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton,  Bryan, 
Cary,  Coleman,  Cooper,  Davis,  Dobson,  Dockery,  Dula, 
Faison,  Farrior,  George,  Goodwin,  Green,  Hampton,  Harring. 


S02  JOURNAL  OF  THE 

ton,  Henderson,  Hinnant,  Holton,  Jarvis,  Jones  of  Caldwell, 
Jones  of  Yadkin,  Jordan,  Kerr,  King  of  Lenoir,  Love,  Lowe, 
Man  nix,  Manning  of  Chatham,  Marshall,  Massey,  McCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Page,  Patterson, 
Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Strowd,  Summers,  Taylor,  Thorne,  Turner,  Vaughan,  Watts,, 
Wheeler,  Wilcox,  Wilson,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Bateman,  Bunn,  Byrd,  Crosby,  Cun* 
ningham,  Everett,  Faircloth,  Grantham,  Hassell,  King  of  Pitt, 
Kirby,  Lehman,  McCabe,  McCanless,  McDonald,  Munden, 
O'Hara,  Scott  of  Jones,  Stallings,  Tourgee  and  Withers. 

The  question  then  recurred  on  Mr.  Durham's  substitute  as 
amended.     The  substitute  was  not  adopted. 

The  question  then  recurred  on  the  passage  of  the  ordinance 
on  its  second  reading,  the  ordinance  being  the  substitute  pro- 
posed by  the  Committee  on  a  Preamble  and  Bill  of  Rights, 
and  adopted  instead  of  the  original  ordinance  introduced  by 
Mr.  Jarvis. 

A  division  of  the  question  was  ordered. 

The  question  recurred  first  on  tnat  part  of  the  ordinance 
which  designates  the  class  of  debts  which  the  State  shall  never 
assume  or  pay  ;  and  it  passed  the  second  time. 

The  question  then  recurred  on  the  passage  of  that  part  of 
the  ordinance  which  prohibits  the  General  Assembly  from 
levying  any  tax  or  raising  any  money  to  pay  the  new  bonds, 
without  first  submitting  the  question  to  the  qualified  voters  of 
the  State. 

The  yeas  and  nays  were  demanded,  and  this  part  of  the 
ordinance  was  rejected,  yeas  47,  nays  50,  as  follows : 

Yeas — Messrs.  Anderson  of  Clay,  Anderson  of  Madison, 
Bennett,  Boyd,  Bunn,  Byrd,  Carter,  Chamberlain,  Cooper, 
Cowell,  Dobson,  Dula,  Faieon,  Farrior,  George,  Green,  Har- 
rington, Henderson,  Holton,  Jarvis,  King  of  Pitt,  Love,  Man- 
ning of  Chatham,  Marshall,  McCorkle,  Morehead,  Motz,  Neal, 


CONVENTION  OF  1875  303 

Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts 
of  Gates,  Scott  of  Onslow,  Shepherd,  Sinclair,  Singeltary* 
Spake,  Strowd,  Summers,  Turner,  Vaughan,  Watts,  Wheeler 
and  Wilson. 

Nays — Messrs.  Albert6on,  Allison,  Allman,  Avery,  Barrin- 
ger,  Barrow,  Bean,  Bell,  Bingham,  Bliven,  Blocker,  Bullock,. 
Buxton,  Bryan,  Cary,  Cliugman,  Coleman,  Crosby,. Davis, 
Dockery,  Durham,  French,  Goodwin,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Horton,  Jones  of  Caldwell,  Jones  of  Yadkin, 
Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lowe,  Mabson,  Mannix, 
Manning  of  New  Hanover,  Massey,  McCabe,  Munden,  Nowellj. 
Page,  Shober,  Smythe,  Taylor,  Thorne,  Wilcox,  Woodfin  and 
Young. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Byrd,  Cunningham,  Ever- 
ett, Faircloth,  Grantham,  Hassell,  King  of  Pitt,  Kirby,  Leb 
man,  McCanless,  McDonald,  O'Hara,  Scott  of  Jones,  Stallings, 
Tourgee  and  Withers. 

The  following  ordinances  and  resolutions,  reported  as  cor 
rectly  enrolled  by  the  Committee  on  Enrolled  Bills,  were  duly 
ratified  in  open  Convention  : 

An  ordinance  to  amend  article  9  of  the  Constitution,  provid. 
ing  for  the  preservation  and  investment  of  the  public  schoo? 
fund. 

An  ordinance  te  add  a  section  to  article  4  of  the  Conatitm^ 
tion  of  North  Carolina. 

A  resolution  of  instruction  to  the  public  printer. 

A  resolution  to  pay  the  contestants  from  the  county  ot 
Robeson. 

An  ordinance  to  amend  article  13  of  the  Constitution. 

The  Convention  adjourned  until  to-morrow  at  10  A.  M~ 


204  JOUKNAL  OF  THE 


TWENTY-SIXTH  DAY. 

Tuesday,  October  5,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  said  by  Rev.  Mr.  Spake. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Carter  for  Thursday  next ; 

To  Mr.  Scott,  of  Jones,  for  Thursday  next ; 

To  Mr.  Bennett  for  three  days,  commencing  with  to- 
morrow. 

Mr.  Bennett  offered  the  following  protest,  which  was  read 
and  ordered  to  be  spread  upon  the  journal : 

"  We  protest  against  the  action  of  the  Convention  yester- 
day, allowing  per  diem  and  mileage  to  the  contestants  from 
Robeson  county.  We  are  informed  that  one  of  the  con- 
testants has  attended  the  Convention  in  support  of  his  claims 
but  few  days,  while  the  resolution  of  the  body  allows  pay 
during  the  session  of  the  Convention,  unless  modified.  We 
think  that  no  precedent  can  be  found  in  the  history  of  this 
State,  which  goes  as  far  as  the  resolution  of  the  Convention. 
It  is  a  matter  which  invites,  and  will  receive,  thorough  scru- 
tiny." 

(Signed)  .WM.  KIRBY, 

W.  N.  ALLMAN, 
JOHN  HARRINGTON, 
JOSEPH  MARSHALL, 
C.  L.  SUMMERS, 
J.  T.  MOREHEAD, 
W.  M.  KING, 
H.  BINGHAM, 
W.  N.  PATTERSON. 


CONTENTION  OF  1875.  205 

RISDEN  T.  BENNETT, 

CHARLES  PRICE, 

JNO.  W.  CUNNINGHAM, 

W.  P.  ROBERTS, 

R.  WATTS, 

JNO.  S.  HENDERSON, 

R.  W.  NICHOLSON, 

S.  J.  FAISON, 

J.  S.  ANDERSON, 

C.  R.  BYRD. 

On  motion  of  Mr.  Avery,  O.  No.  74:  An  ordinance  to 
amend  article  5,  of  the  Constitution,  was  ordered  to  be 
printed. 

Reports  from  Standing  Committees  were  submitted  as 
follows : 

From  the  Committee  on  Municipal  Corporations  : 

By  Mr.  Shepherd,  O.  No.  248  :  An  ordinance  to  provide 
for  the  compiling  of  important  statistics;  with  a  recommen- 
dation that  it  do  not  pass. 

From  the  Committee  on  Punishments,  Penal  Institutions 
and  Public  Charities  : 

By  Mr.  Coleman,  O.  No.  249 :  An  ordinance  to  amend  ar- 
ticle 11,  by  adding  an  additional  section  ;  with  an  accompa- 
nying substitute. 

From  the  Committee  on  Suffrage  and  Eligibility  to  Office: 

By  Mr.  Shober,  (■>.  No.  251 :  An  ordinance  to  amend  section 
2,  article  6,  of  the  Constitution  ;  with  a  recommendation  that 
it  do  not  pass. 

R.  No.  91  :  A  resolution  to  alter  section  1,  of  the  Constitu- 
tion of  North  Carolina  ;  with  a  request  that  the  committee 
be  discharged  from  the  further  consideration  thereof. 

O.  No.  197  :  An  ordinance  to  amend  article  7,  of  the  Con- 
stitution, to  abolish  the  registration  of  electors  and  to  allow 
electors  to  vote  at  any  election  precinct  in  the  county  in 
which  they  reside  ;  with  a  recommendation  that  it  do  not  pass. 


206  JOURNAL  OF  THE 

O.  No.  36 :  An  ordinance  prohibiting  any  one  who  has  been 
convicted  of  an  infamous  offence  from  holding  office  or  acting 
as  juror,  with  a  recommendation  that  it  do  not  pass; 

O.  No.  127 :  An  ordinance  to  amend  article  14  of  the  Con- 
stitution of  North  Carolina,  with  a  recommendation  that  it  do 
not  pass ; 

O.  No.  145 :  An  ordinance  to  amend  article  6  of  the  Con- 
stitution, providing  that  no  person,  while  kept  at  any  poor 
house,  &c,  shall  be  entitled  to  vote,  with  a  recommendation 
that  it  do  not  pass. 

From  the  Committee  on  a  Preamble  and  Bill  of  Rights: 

By  Mr.  Turner,  O.  No.  198  :  An  ordinance  to  amend  section 
$4,  article  1,  of  the  Constitution,  with  an  accompanying  sub- 
stitute. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  were  referred,  or  otherwise 
disposed  of,  as  follows  : 

By  Mr.  Thome  :  An  ordinance  for  the  financial  relief  of  the 
people  of  North  Carolina.  To  the  Committee  on  Amendments. 

By  Mr.  Dockery  :  A  resolution  concerning  the  completion 
of  the  railroad  from  Old  Fort  to  some  point  on  the  Tennessee 
line.     Placed  on  the  calendar. 

By  Mr.  Bennett :  A  resolution  instructing  the  Committee 
on  the  Judicial  Department  to  inquire  and  report  whether  the 
Cheraw  and  Salisbury  Railroad  can  be  relieved  of  the  gauge 
law. 

On  motion,  the  rules  were  suspended,  and  the  resolution 
was  read  and  adopted. 

By  Mr.  Badger:  A  resolution  instructing  the  Committee  on 
Privileges  and  Elections  to  inquire  whether  Messrs.  Manning, 
of  Chatham,  and  Reid,  of  Rockingham,  and  Coleman,  of  Bun- 
combe, are  trustees  of  the  University.  Placed  on  the  calendar. 

By  Mr.  French  :  A  resolution  requiring  the  Secretary  of 
this  Convention  to  prepare  the  Journal  for  publication,  and  to 
pay  him  therefor. 

On  motion,  the  rules  were  suspended,  and  the  resolution  was 
read  and  adopted. 


CONTENTION  OF  1875.  20T 

By  Mr.  Turner :  A  resolution  proposing  two  sessions  per. 
day — at  9:30  A.  M.,  and  at  4  P.  M.     Placed  on  the  calendar. 

By  Mr.  Boyd  :  A  resolution  of  instruction  to  the  Commit- 
tee on  the  Judicial  Department  to  inquire  if  this  Convention 
has  the  power  to  adopt  such  measures  as  may  compel  the  Pub- 
lie  Treasurer  to  refund  to  the  county  of  Alamance  certain 
railroad  taxes. 

On  motion,  the  rules  were  suspended,  and  the  resolution 
was  read  and  adopted. 

By  Mr.  Manning,  of  Chatham :  An  ordinance  concerning 
the  public  debt.     Placed  on  the  calendar. 

By  Mr.  Buxton :  A  resolution  in  regard  to  Robeson  county 
contested  case. 

The  resolution  was  read. 

Mr.  Buxton  moved  that  the  rules  be  suspended,  and  the 
resolution  put  upon  its  adoption. 

The  yeas  and  nays  being  demanded,  the  House  refused  to 
suspend  the  rules.     Yeas  47,  nays  51,  as  follows : 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bean, 
Bliven,  Blocker,  Boyd,  Bullock,  Buxton,  Bryan,  Cary,  Cham- 
berlain, Crosby,  Davis,  Dixon,  Dockery,  Dula,  Fairclotb, 
French,  Goodwin,  Hampton,  Hinnant,  Hoffman,  Holton, 
Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir, 
Lowe,  Mabson,  Massey,  McCabe,  McCanless,  Munden,  Nowell, 
Page,  Scott  of  Jones,  S  my  the,  Taylor,  Thorne,  Wheeler,  Wil- 
cox, Woodfin  and  Young. 

Na.ys — Messrs.  Albertson,  Allison,  All  man,  Anderson  of 
Clay,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Carter,  Cling- 
man,  Coleman,  Cooper,  Cowell,  Cunningham,  Durham,  Faison, 
Farrior,  George,  Green,  Harrington,  Henderson,  Jarvis, 
Jones  of  Caldwell,  Love,  Manning  of  Chatham,  Marshall,  Mc- 
Corkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patter- 
son, Price,  Redwine,  Reid,  Bobbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Sho- 
ber,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Turner  and  Watts. 


203  JOURNAL  OF  THE 

The  following  delegates  paired  oft  : 

Messrs.  Anderson  of  Madison,  Bateman,  Bell,  Black,  Bow- 
man, Everett,  Grantham,  Hassell,  Horton,  King  of  Pitt,  Kirby, 
Lehman,  McDonald,  O'Hara,  Tourgee,  Vaughan,  Wilson  and 
"Withers. 

The  resolution  was  placed  on  the  calendar. 

Mr.  Bingham  moved  to  re  consider  the  vote  by  which  O. 
No.  200:  An  ordinance  to  amend  section  6,  article  1,  of  the 
Constitution,  was  rejected  on  its  second  reading. 

Mr.  Olingman  moved  to  lay  that  motion  on  the  table. 

The  yeas  and  nays  being  demanded,  the  motion  to  table 
prevailed,  yeas  52,  nays  49,  as  follows : 

Yeas — Messrs.  Albertson,  Allison,  Avery,  Barringer,  Bar- 
row, Bean,  Bell,  Bliven,  Blocker,  Bullock,  Buxton,  Bryan, 
Cary,  Chamberlain,  Clingman,  Coleman,  Crosby,  Davis,  Dixon, 
Dockery,  Durham,  Faircloth,  French,  Goodwin,  Hampton, 
Simian  t,  Hodge,  Hoffman,  Horton,  Jones  of  Yadkin,  Jordan, 
Justice,  Kerr,  King  of  Lenoir,  Lowe,  Mabson,  Manning  of 
New  Hanover,  Massey,  McCabe,  McCanless,  Munden,  Nowell, 
Page,  Rum  ley,  Scott  of  Jones,  Shober,  Smythe,  Taylor, 
Thorne,  Wheeler,  Woodfin  and  Young. 

Nats — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bennett,  Bingham,  Boyd,  Bunn,  Byrd,  Carter 
Cooper,  Cowell,  Cunningham,  Dobson,  Faison,  Farrior, 
George,  Greet),  Harrington,  Henderson,  Holton,  Jarvis,  Jones 
of  Caldwell,  Love,  Manning  of  (  hatham,  Marshall,  McCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson, 
Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Scott  of  Onslow,  Shepherd,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Watts  and 
Wilson. 

The  following  delegates  were  paired  off: 

Messrs.  Bateman,  Black,  Bowman,  Everett,  Grantham,  Has- 
sell, King  of  Pitt,  Kirby,  Lehman,  McDonald,  O'Hara,  Tour- 
gee,  Vaughan  and  Withers. 

Mr.  Young  moved  to  suspend  the  rules  and  take  up  R.  No. 


CONTENTION  OF  1875.  20D 

265:  A  resolution  of  instruction  to  the  Committee  on  the  Jn- 
dicial  Department,  concerning  divorces,  and  put  it  upon  its 
adoption. 

The  motion  prevailed,  and  the  resolution  was  read  and 
adopted. 

At  12  M.  the  Chair  announced  that  the  hour  had  arrived 
for  the  special  order,  to-wit: 

R.  No.  45  :  A  resolution  to  alter  section  10,  article  3,  of  the 
Constitution. 

The  pending  question  was  on  the  motion  to  reconsider  the 
vote  by  which  the  resolution  passed  its  third  reading. 

Mr.  Durham  moved  to  lay  that  motion  on  the  table. 

The  yeas  and  nays  being  demanded,  the  motion  to  table 
prevailed.     Yeas  54,  nays  48.  as  follows: 

Teas — Messrs.  Allison,  Allman,  Anderson  of  Clay.  Ander- 
son of  Madison,  Avery,  Bennett,  Birgbam,  Bunn,  Byr^,  Car- 
ter, Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dob- 
sou,  Faison,  Farrior,  George,  Harrington,  Henderson,  Jarvis, 
Jones  of  Caldwell,  Love,  Manning  of  Chatham,  Marshall,  Mc- 
Corkle,  McEachin,  Morehead,  Motz,  Neal,  JSichohon,  Patter- 
son, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scoit  «  f  Onsluw,  Shepherd,  Sho- 
ber,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Turner,  Taughan,  Watts  and  Wilson. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bean,  Bell,  Bliven,  Blocker,  Boyd,  Bullock,  Buxton,  Bryan, 
Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery,  Dula, 
Faircloth,  Goodwin,  Hampton,  Hinnant,  Hodge,  Hoffman, 
Holton,  Horton,  Jones  of  Tadkin,  Jordan,  Justice,  Kerr, 
King  of  Lenoir,  L<>we,  Mabson,  Manning  of  New  Hanover, 
Massey,  McCabe,  McCan'ess,  Munden,  Nowell,  Page,  Scott  of 
Jones,  Smythe,  Taylor,  Thorne,  Wheeler,  Woodfiu  and 
Toung. 

The  following  delegates  paired  of^: 

Mr.  President,  Messrs.  Bateman,  Black,  Bowman,  Durham, 
14 


210  JOURNAL  OF  THE 

Everett,  French,  Grantham,  Hassell,  King  of  Pitt,  Kirby, 
Lehman,  McDonald,  O'Hara,  Tonrgee  and  Withers 

The  Convention  then  proceeded  to  the  consideration  of  the 
unfini-hed  business  of  preceding  day,  to  wit: 

O.  No.  98:  An  ordiaance  to  abrogate  and  annul  section  33, 
article  4,  of  the  Convention. 

The  question  recurring  upon  the  passage  of  the  ordinance 
on  its  second  reading,  the  yeas  and  nays  were  demanded,  and 
the  ordinance  passed  the  second  time.  Yeas  53,  nays  49, 
as  follows : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car- 
ter, Cli-'grnan,  Coleman,  Cooper,  Cunningham,  Dobson, 
Faison,  Farrior,  George,  Green,  Harrington,  Henderson,  Jar- 
vis,  Jones  of  Caldwell,  Love,  Manning  of  Chatham,  Marshall, 
McCorkle,  McEachin,  Morehead,  Motz.  Neal,  Nicholson,  Pat- 
terson, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Sum- 
mers, Turner,  Vanghan,  Watts  and  Wilson. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bean, 
Bell,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Buxton, 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery, 
Dula,  Faircloth,  Goodwin,  Hampton,  Hinnant,  Hodge,  Hoff- 
man, Holton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King 
of  Lenoir,  Lowe,  Mabson,  Manning  of  New  Hanover,  Massey, 
McCabe,  McCanless,  Mnnden,  Nowell,  O'Hara,  Page,  Scott  of 
Jones,  Smythe,  Taylor,  Thorne,  Wheeler,  Wilcox,  Woodfin 
and  Young. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Cowell,  Durham. 
Everett,  French,  Grantham,  Hassell,  Horton,  King  of  Pitt, 
Kirby,  Lehman,  McDonald,  O'Hara,  Tourgee  and  Withers. 

The  consideration  of  general  orders  being  in  order,  the 
Convention  proceeded  to  consider  O.  No.  121  :  An  ordinance 


CONVENTION  OF  1875.  211 

to  abrogate  and    annul  sections  15,    16  and  17  of  the  4th  ar- 
ticle of  the  Constitution. 

The  ordinance  was  read  the  third  time. 

Mr.  Albertson  asked  for  a  division  of  the  question. 

The  question  first  recurred  on  the  adoption  of  that  psrt  of 
the  ordinance  embraced  between  the  1st  and  3d  lines,  and  it 
was  adopted. 

The  question  next  recurred  on  the  adoption  of  the  remain- 
der of  the  ordinance,  commencing,  "  But  the  General  As- 
sembly," &c. 

Mr.  Bennett  called  for  the  previous  question,  and  the  yeas 
and  nays  being  demanded,  the  call  for  the  previous  question 
wa-?  sustaine  i,  ye  is  53,  nays  46,  as  follows  : 

Yeas — Messrs  Allison,  All  man,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd, 
Carter,  Clingmin,  Coleman,  Cooper,  Cowell,  Cunningham, 
Dobson,  Durham.  Faison,  Farrior,  George,  Green,  Harring- 
ton, Henderson,  Jarvis,  Jones  of  Caldwell,  Love,  Manning  of 
Chatham,  Marshall,  McCorkle,  Morenead,  Motz,  Real,  Nich- 
olson, Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  O.islow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd, 
Summers,  Turner,  Watts  and  Wilson. 

Nats — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bean, 
Bell,  Bliven,  Blocker,  Bullock,  Buxton,  Bryan,  Cary,  Cham- 
berlain, Cowell,  Davis,  Dixon,  Dockery,  Dula,  Faircloth, 
Goodwin,  Hampton.  Hinnaut,  Hodge,  Hoffman,  Holton, 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  Lowe, 
Mabson,  Manning  of  New  Hanover,  Massey,  McCabe,  McCan- 
less,  Munden,  Nowell,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thome.  Wheeler,  Woodfin  and  Young. 

The  following  delegates  were  paired  off: 

Messrs.  Black,  Everett,  French,  Grantham,  Hassell,  Kino- 
of  Pitt,  Kirby,  Lehman,  McDonald,  Tourgee,  Yaughan  and 
Withers. 

Mr.  Justice  moved  that  the  Convention  do  now  adjourn. 


212  JOURNAL  OF  THE 

The  Chair  decided  that  the  motion  to  adjourn  was  out  of 
order. 

Mr.  Badger  appealed  from  the  decision  of  the  Chair  to  the 
decision  of  the  House,  and  demanded  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Thereupon  the  Chair  put  the  question  :  "Shall  the  decision 
of  the  Chair  stand  for  the  decision  of  the  House?"  and  it  was 
decided  in  the  affirmative.     Yeas  54,  nays  47,  as  follows  : 

Yeas— Messrs.  Allison,  Allman,  Anderson  of  Ciay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd, 
Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Gunnii  gham, 
Dobson,  Durham,  Faison,  Farrior ,  George,  Green,  Harring- 
ton, Henderson,  Jarvis,  Jones  of  Caldwell,  Love,  Manning  of 
Chatham,  Marshall,  McCoikle,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Patterson,  Price,  Pedwine,  Reid,  Bobbins, 
Roberts  ot  Davidson,  Roberts  of  Gates,  Pumlej7,  Scott  of 
Out-low,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings,  Strovvd,  Summers,  Turner,  Watts  and  Wilson. 

Nays — Messrs.  Albertson,  Badger,  Bai ringer, Barrow,  Bean, 
Bell,  Bliven,  Blocker,  Boyd,  Bullock,  Buxton,  Bryan,  Cary, 
Chamberlain,  Cnsby,  Davis,  Dixon,  Dockery,  Dula,  Fair- 
cloth,  French,  Goodwin,  Hampton,  Hinnant,  IL  dge,  Hoff- 
man, Hoi  ton,  Ilurton,  Jones  of  Yadkin,  Jordan,  Justice, 
Lowe,  Mabson,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanltss,  Munden,  Page,  Scott  of  Jones,  Smythe,  Taylor, 
Thorne,  Wheeler,  Wilcox,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Bowman,  Everett, 
Grantham,  Hassell,  King  ot  Lenoir,  King  of  Pitt,  Kirby, 
Lehman,  McDonald,  <  'Plara,  Tourgee,  Yanghan  and  Withers. 

The  yeas  and  nays  being  ordered,  the  ordinance  then  passed 
the  third  time,  yeas  54,  nays  45,  as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Badger,  Bennett,  Bingham,  Bunn, 
Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Faison,  Farrior,  George,  Green,  Har- 


CONVENTION  OF  1875.  213 

rington,  Henderson,  Jafvis,  Jones  of  Caldwell,  Love,  Manning 
of  Chatham,  Marshall,  McCorkle,  McEachin,  M«>rehead,  Motz, 
Neal,  Nicholson,  Patter-on,  Price,  Redwine,  Reid,  Robbing, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rnmley,  Scott  of  Ons- 
low, Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
Strowd,  Summers,  Turner,  Watts  and  Wilson. 

Nays — Messrs.  Alberteon,  Barringer,  Barrow,  Bean,  Bell, 
Bliven,  Blocker,  Boyd,  Bullock,  Buxton,  Bryan,  Chamberlain, 
Crosby,  Davis,  Dixon,  Dockery,  Dula,  Faircloth,  French, 
Goodwin,  Hampton,  Hinnant,  Hodge,  Hoffman,  Holton- 
Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  Lowe,  Mabson,  Man, 
ning  of  New  Hanover,  Massey,  McCabe,  McCanless,  Munden, 
Nowell,  Page,  Scott  of  Jones,  Smythe,  Taylor.  Thorne, 
Wheeler,  Woodfin  and  Young. 

The  following  delegates  were  paired  off: 

Mr.  Preside.it,  Messrs.  Anderson  of  Madison,  Bateman, 
Black,  Bowman,  Everett,  Grantham,  Hassell,  King  of  Lenoir, 
King  of  Pitt,  Kirbj*,  Lehman,  McDonald,  O'Hara,  Tourgee, 
Vaughan  and  Withers. 

Mr.  Badger  moved  to  reconsider  the  vote  just  had,  and  to 
make  that  motion  the  special  order  for  to-morrow  at  12  M. 

Mr.  Durham  moved  to  lay  that  motion  on  the  table. 

The  yeas  and  nays  were  ordered,  and  resulted  as  follows, 
yeas  53,  nays  2  : 

Yka.s — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car- 
ter, Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dob- 
son,  Durham,  Faison,  Farrior,  George,  Green,  Harrington, 
Henderson,  Jarvis,  Jones  of  Caldwell,  Love,  Manning  of 
Chatham,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings, Strowd,  Summers,  Turner,  Watts  and  Wilson. 

Nays — Messrs.  Albertson  and  Faircloth. 

The  following  delegates  paired  off: 


214  JOURNAL  OF  THE 

Mr.  President,  Messrs.  Anderson  of  Madison,  Bateman, 
Black,  Bowman,  Everett,  Grantham,  Hassell,  King  of  Lenoir, 
King  of  Pitt,  Kirby,  Lehman,  McDonald,  O'llara,  Tourgee, 
Vanghan,  Withers  aud  Woodfin. 

No  quorum  voting,  the  motion  to  table  failed. 

Mr.  Justice  moved  that  the  Convention  do  now  adjonrn. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn.     Yeas  43,  nays  52,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Bamnger,  Bean,  Bell, 
Bliven,  Boyd,  Buxton,  Bryan,  Cary,  Chamberlain,  Crosby, 
Davis,  Dixon,  Dockery,  Dnla,  Faircloth,  French,  Goodwin, 
Hampton,  Hitmant,  Hodge,  Hoffman,  Holton,  Jones  of  Yad. 
kin,  Jordan,  Justice,  Lowe,  Mabson,  Manning  of  New  Han- 
over, Massey,  McCabe,  McCanless,  Munden,  No  well,  Page, 
Scott  of  Jones,  Smythe,  Taylor,  Thome,  Wilcox,  Woodfin  and 
Young. 

Nays — Messrs.  Allman,  Avery,  Bennett,  Bingham,  Blocker, 
Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Durham,  Faison,  Farrier,  George, 
Green,  Harrington,  Henderson,  Jarvis,  Jones  of  Caldwell, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Redwine,  Reid, 
Robbing,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Watts,  Wheeler 
and  Wilson. 

The  following  delegates  paired  off: 

Mr  President,  Messrs.  Bateman,  Black,  Bowman,  Everett, 
Grantham,  Hassell,  Horton,  King  of  Lenoir,  King  of  Pitt, 
Kirby,  Lehman,  McDonald,  O'Hara,  Tourgee,  Vanghan  and 
Withers. 

Mr.  Badger  moved  that  the  Convention  take  a  recess  until 
8  P.  M.  to  day. 

The  yeas  and  nays  being  ordered,  the  Convention  refused  to 
take  a  recess.     Yeas  20,  nays  58,  as  follows : 

Yeas — Messrs.  Badger,  Barrow,  Bean,  Bell,  Buxton,  Bryan, 


CONVENTION  OF  1875.  215 

Crosby,  Davis,  Dixon,  Dula,  Tlinnant,  Justice,  Love,  Manning 
of  INew  Hanover,  Massey,  MeCanless,  Scott  of  Junes,  Smythe, 
Wheeler  and  Wilson. 

Nays — Messrs.  Allman,  Anderson  of  Clay,  Avery,  Bar- 
ringer,  Bennett,  Bingham,  Boyd,  Byrd,  Carter,  Chamberlain, 
Clingman,  Coleman,  Cowell,  Dobson,  Dockery,  Durham,  Fair- 
cloth,  Faison,  Farrior,  George,  Goodwin,  Green,  Harrington, 
Henderson,  Holton,  Jarvis,  Jones  of  Caldwell,  Mabson,  Man- 
ning of  Chatham,  Marshall,  McCabe,  McCorkle,  McEachin, 
Morehead,  Mbtz,  Mnnden,  Neal,  Nicholson,  Nuwell,  Patterson, 
Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Rob- 
erts of  Gates,  Rumley.  Scott  of  Onslow,  Shober,  Sinclair,  Sin- 
geltary,  Stallings,  Summers,  Taylor,  Thorne,  Turner,  Watts 
and  Woorifin. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Albertson,  Anderson  of  Madison, 
Bateman,  Black,  Bowman,  Bunn,  Everett,  Grantham,  Hassell, 
Horton,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Lehman,  Mc- 
Donald, O'Hara,  Strowd,  Tourgee,  Vanghan  and  Withers. 

The  Convention  then  adjourned  nntil  4  P.  M.  to  day. 


EVENING   SESSION. 

The  Convention   assembled  pursuant  to  adjournment  at  4 
P.  M.,  the  President  in  the  Chair. 

Mr.  French  moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  were  demanded,  and  the  Convention  re- 
fused to  adjourn,  >eas  42,  nays  48,  as  follows: 

Yeas — Messrs.  Badger,  Barrow,  Bean,  Bell,  Bliven,  Blocker 
Bullock,  Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis 
Dockery,  Dula,  Faireluth,  French,  Goodwin,  Hampton,  Hin 
nant,  Hodge,  Hoffman,  Holton,  Jones  of  N  adkin,  Jordan 
Justice,  Lowe,  Mabson,  Manning  of  New  Hanover,  Massey 


216  JOURNAL  OF  THE 

McCabe,  McCanless,  Munden,  No  well,  Page,  Scott  of  Jones, 
Smythe.  Taylor,  Thorne,  Wheeler,  Wood  tin  and  Young. 

Nats  —Messrs.  Allison,  Alltnan,  Anderson  of  Clay,  Avery, 
Barringer,  Bennett,  Bingham,  Bunn,  Byrd,  Carter,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Durham, 
Faison,  Farrior,  George,  Green,  Hanington,  Henderson, 
Jarvis,  Love,  Manning  of  Chatham,  MeCJorkle,  McEachin, 
Morehead,  M  >tz,  Neal,  Nicholson,  Patterson,  Red  wine,  Reid, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Stallings, 
Summers,  Turner,  Watts  and  Wilson. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Albertson,  Anderson  of  Madison, 
Bateman,  Black,  Bowman,  Everett,  Grantham,  Hassell,  Hor- 
ton,  King  of  Pitt,  Kirby,  Lehman,  Marshall,  McDonald, 
O'Hara,  Spake,  Tourgee,  Vaughan,  Wilcox  and  Withers. 

The  Convention  then  proceeded  to  consider  the  unfinished 
business  of  the  morning  session,  to-wit:  O.  No.  121:  An 
ordinance  to  abrogate  and  annul  sections  15,  16  and  17  of  the 
Constitution  of  North  Carolina. 

The  pending  question  was  Mr.  Badger's  motion  to  recon- 
sider the  vote  by  which  the  ordinance  passed  its  third  and 
final  reading,  and  make  that  motion  the  special  order  for  to- 
morrow at  12  M. 

Mr.  Clingman  demanded  the  previous  question. 

The  yeas  and  nays  were  ordered  and  resulted  as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd 
Carter,  Clingman,  Coleman,  Cooper,  Cunningham,  Dobson, 
Durham,  Faison,  Farrior, ^George,  Green,  Henderson,  Jarvis? 
Jones  of  Caldwell,  Love,  Manning  of  Chatham,  McCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson, 
Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Stallings,  Strowd,  Summers,  Turner,  Walts 
and  W  Is.  n— 50. 

Nays — None. 


CONVENTION  OF  1875.  217 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Albertson,  Barrow,  Pateinan,  Black, 
Bowman,  Cowell,  Everett,  Faircloth,  Grantham,  Hassell, 
King  of  Pitt,  Kirby,  Lehman,  Marshall,  McDonald,  Tourgee, 
Yaughan  and  Withers. 

No  quorum  voting,  the  call  for  the  previous  question  was 
not  sustained. 

Mr.  Jarvis  moved  to  table  Mr.  Badger's  motion  to  recon- 
sider. 

Mr.  Badger  moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn.     Yeas  42,  nays  51,  as  follows  : 

Yeas — Messrs.  Badger,  Barringer,  Bean,  Bell,  Bliven, 
Blocker,  Bowman,  Bullock,  Buxton,  Bryan,  Cary,  Chamber- 
lain, Cro&by,  Davis,  Dixon,  I  ula,  Faircloth,  French,  Goodwin, 
Hampton,  Ilinnant,  Holton,  Horton,  Jones  of  Yadkin,  Jor- 
dan, Justice,  Lowe,  Mabson,  Manning  of  New  Hanover, 
Massey,  McCabe,  McCanless,  Munden,  Nowell,  Page,  Scott  of 
Jones,  Smythe,  Taylor,  Thorne,  Wheeler,  Woodlin  and 
Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car- 
ter, Clingman,  Coleman,  Cooper,  Cunningham,  Dobson.  Dur- 
hrm,  Faison,  Farrior,  George,  Green,  Harrington,  Henderson, 
Jarvis,  Jones  of  Caldwell,  Love,  Manning  of  Chatham,  Mc- 
Corkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patter- 
son, Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Stallings,  Strowd,  Summers,  Turner, 
Yaughan,  Watts  and  Wilson. 

The  following  delegates  were  paired  off': 

Mr.  President,  Messrs.  Albertson,  Barrow,  Bateman,  Black, 
Cowell,  Everett,  Grantham,  Hassell,  King  of  Lenoir,  King  of 
Pitt,  Kirby,  Lehman,  Marshall,  McDonald,  O'Hara,  Spake, 
Tourgee  and  Withers. 

The  question  recurred  on  Mr.  Jarvis'  motion  to  table. 


218  JOURNAL  OF  THE 

The  yeas  and  nays  were  ordered,  and  resulted  as  follows : 
Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car 
ter,    Clingman,    Coleman,    Cooper,    Cunningham,    Dobson 
Durham,    Farrior,    George,    Hampton,   Harrington,  Hender 
son,  Jarvis,  Love,  Manning  of  Chatham,  McCorkle,  McEachin 
Morehead,  Neal,  Nicholson,  Patterson,  Price,  Red  wine,  Reid 
Robbins,  Roberts  of   Davidson,   Roberts  of    Gates,  Rumley 
Scott   of    Onslow,    Shober,    Sinclair,    Singeltary,    Staliings 
Strowd,  Summers,  Vaughan,  Watts  and  Wilson — 47. 
Nats — none. 

The  following  delegates  paired  off: 

Mr.  President,  Messrs.  Albertson,  Bateman,  Black, Everett, 

Grantham,  Hassell,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 

Lehman,  McDonald,  O'Hara,   Shepherd,   Spake  and  Withers. 

No  quorum  voting,  the  motion  to  table  failed. 

The  question  recurred  upon  the  motion  to  re-consider. 

Mr.  Bowman  demanded  the  yeas  and  nays. 

The  eall  was  not  sustained. 

The  question  was  then  put  on  the  motion  to  reconsider,  and 
the  motion  did  not  prevail. 

Mr.  Justice  moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fu  ed  to  adjourn,  yeas  39,  nays  48,  as  follows: 

Yeas — Messrs.  Badger,  Barringer,  Bean,  Bell,  Bliven, 
Bowman,  Bullock,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis, 
Dixon,  Dockery,  Dula,  Falrcloth,  French,  Goodwin,  Hampton, 
Hodge,  Holton,  Jones  of  Yadkin,  Jordan,  Justice,  Lowe. 
Mab>on,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanlesSj,  Munden,  Nowell,  Page,  Scott  of  Jones,  Smythe, 
Tayh.r,  Thorne,  Wheeler  and  Woodfin. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cunningham,  Dobson,  Durham, 
Farrior,  George,  Green,  Harrington,  Henderson,  Jarvis,  Love, 
Manning  of  Chatham,  McCorkle,  McEachin,  Morehead,  Motz, 


CONTENTION  OF  1875.  §19- 

Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rum  ley,  Scott  of 
Onslow.  Shober,  Sinclair,  Singeltary,  Stallings,  Strowd, 
Summers,  Turner,  Vaughan,  Watts  and  Wilson. 

The  following  delegates  were  paired  off  : 

Mr.  President,  Messrs.  Albertson,  Bateman,  Black,  Blocker,. 
Buxton,  Byrd,  Cowell,  Everett,  Grantham,  Hassell,  Hinnant, 
King  of  Lenoir,  King  of  Pitt,  Kirby,  Lehman,  Marshall, 
McDonald,  O'Hara,  Shepherd,  Spake,  Tourgee,  Wilson  and 
Withers. 

Mr.  Badger  moved  that  the  Convention  take  a  recess  until" 
9  o'clock  this  evening. 

The  yeas  and  nays  were  ordered,  and  the  motion  failed. 
Yeas  23,  nays  60,  as  follows: 

Yeas — Messrs.  Badger,  Bean,  Bullock,  Bryan,  Cary,  Crosby, 
Davis,  Dixon,  Goodwin,  Hampton,  Hodge,  Justice,  Mabson, 
Manning  of  New  Hanover,  McCabe,  McCanless,  Munden,, 
Scott  of  Jones,  Tajlor,  Thorne,  Wheeler,  Wilson  and  Woodfin. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barringer,  Beil,  Bennett,  Bingham, 
Bunn,  Carter,  Chamberlain,  Clingman,  Coleman,  Cooper,  Cun- 
-niiigham,  Dobson,  Dockery,  Dnla,  Durham,  Faircloth,  Far- 
rier, George,  Green,  Harrington,  Henderson,  Helton,  Jarvis, 
Jones  of  Yadkin,  Jordan,  Love,  Manning  of  Chatham,  Massey, 
McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,. 
Newell,  Page,  Patterson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shober,  Sinclair,  Singeltary,  Smythe,  Stallings,. 
Strowd,  Summers,  Turner,  Vaughan  and  Watts. 

The  following  delegates  were  paired  off: 

Mr.  President,  Messrs.  Bateman,  Black,  Bowman,  Cowell,. 
Everett,  Grantham,  Jones  of  Caldwell,  King  of  Lenoir,  King* 
of  Pitt,  Kirby,  Lehman,  Marshall,  McDonald,  O'Hara,  Shep- 
herd, Spake,  Tourgee,  Wilcox,  Withers  and  Young. 

Mr.  Badger  moved  that  the  Convention  do  now  adjourn. 


■220  JOURNAL  OF  THE 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn.     Yeas  36,  nays  53,  as  follows: 

Yeas — Messrs.  Badger,  Barringer,  Bean,  Bell,  Bliven,  Bow- 
man, Boyd,  Bullock,  Bryan,  Cary,  Crosby,  Davis,  Dixon, 
Dockery,  Faircloth,  French,  Goodwin,  Hampton,  Hodge,  Hor- 
ton,  Jordan,  Justice,  Lowe,  Mabson,  Manning  of  New  Han- 
over, Massey,  M^Cabe,  Munden,  Nowell,  Page,  Patterson, 
Smythe,  Taylor,  Thorne,  Wheeler  and  Woodtin. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter. 
Chamberlain,  Clingman,  Coleman,  Cooper,  Cunningham,  Dob- 
eon,  Dula,  Durham,  Farrior,  George,  Green,  Harrington, 
Henderson,  Hoffman,  Jarvis,  Jones  of  Yadkin,  Love,  Man- 
ning of  Chatham,  M;Canless,  McCorkle,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid, 
R obbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Burnley, 
"Scott  of  Onslow,  Shober,  Sinclair,  Singeltary.  Turner, 
Yaughan,  Watts  and  Wilson. 

The  following  delegates  paired  off  : 

Mr.  President,  Messrs.  Albertson,  Barrow,  Bateman,  Black, 
Buxton,  Byrd,  C*well,  Everett,  Hassell,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Lehman,  Marshall,  McDonald,  O'Hara, 
'Tonrgee,  Wilcox  and  Withers. 

The  following  ordinances,  reported  as  correctly  enrolled  by 
the  Committee  on  Enrolled  Bills,  were  duly  ratified  in  open 
Convention. 

An  ordinance  in  relation  to  a  Department  of  Agriculture, 
Immigration  and  Statistics  ; 

An  ordinance  to  amend  section  25,  of  article  1,  of  the  Con- 
stitution, relating  to  secret  societies. 

The  consideration  of  general  orders  being  now  in  order,  the 
Convention  entered  upon  the  consideration  of  the  report  of 
the  Committee  on  Suffrage  and  Eligibility  on  ordinances  No. 
232  and  39,  to  amend  article  6  of  the  Constitution. 

The  question  recurred  on  the  adoption  of  the  substitute  pro- 
posed by  the  committee,  which  substitute  reads  as  follows  : 


CONVENTION  OF  1875.  221 

"  Be  it  ordained  by  the  people  of  North  Carolina,  in  Con- 
vention assembled,  That  section  1,  of  article  6,  of  the  Consti- 
tution, be  amended  by  striking  out  the  word  "  thirty  "  in  line- 
•4,  and  inserting  in  lieu  thereof  the  word  "  ninety,"  and  by 
adding  at  the  end  of  said  section  the  following  words  :  "  But 
no  person  who,  upon  conviction  or  confession  in  open  court,, 
shall  hereafter  be  adjudged  guilty  of  felony,  or  of  any  other 
crime  infamous  by  the  laws  of  this  State,  shall  be  entitled  to- 
vote  at  any  election  under  the  laws  of  this  State,  unless  such 
person  shall  be  restored  to  the  rights  of  citizenship  in  a  mode 
prescribed  by  law." 

So  that  said  section,  as  amended,  shall  read  as  follows: 
Section  1.  Every  male  person,  born  in  the  United  States,, 
and  eveiw  male  person  who  has  been  naturalized,  twenty  one 
years  old  or  upward,  who  shall  have  resided  in  this  State  twelve 
months  next  preceding  the  election,  and  ninety  days  in  the 
county  in  which  lie  otters  to  vote,  shall  be  deemed  an  elector. 
But  no  person  who,  upon  c&nvietion  or  confession  in  open 
court,  shall  hereafter  be  adjudged  guilty  of  felony,  or  of  any 
other  crime  infamous  by  the  laws  of  this  State,  shall  be  enti- 
tled to  vote  at  any  election  under  the  laws  of  this  State,  unless 
snch  person  shall  be  restored  to  the  rights  of  citizenship  in  a 
mode  prescribed  by  law." 

The  substitute  was  read  and  adopted  in  place  of  the  original 
ordinances. 

Mr.  Smythe  moved  to  amend  by  striking  out  all  after  the 
word  "  but"  in  line  6,  and  insert  "  but  all  persons  who  shall 
den}7  the  being  of  Almighty  God,  since  becoming  citizens  of 
the  United  States,  or  been  convicted  of  corruption  or  mal- 
practice in  office,  unless  such  person  shall  have  been  legally 
restored  to  the  rights  of  citizenship  shall  be  ineligible  to  hold 
office  in  this  State." 

Mr.  Manning,  of  Chatham,  called  the  previous  question. 

Thy  call  was  seconded. 


222  JOURNAL  OF  THE 

Mr.  Dockery  moved  that  the  Convention  do  now  adjourn. 
The  motion  prevailed,  and  the  Convention  stood  adjourned 
>until  to-morrow  at  10  A.  M. 


TWENTY-SEVENTH  DAY. 

Wednesday,  October  6,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
t chair. 

Prayer  was  offered  by  the  Rev.  Mr.  Hassell. 

The  Journal  of  yesterday  was  read  and  approved. 

Indefinite  leave  of  absence  was  granted  Mr.  Bell. 

Mr.  Coleman,  for  a  majority  of  the  Committee  on  the  Ju- 
diciary, submitted  a  report  recommending  the  adoption  of  an 
ordinance  striking  out  section  31,  article  4,  ot  the  Constitution, 
and  providing  that  all  vacancies  occuring  in  the  offices  provi- 
■ded  for  by  this  article,  shall  be  filled  by  the  Governor,  unless 
otherwise  provided  for,  &c. 

The  report  was  read  and  received. 

The  unfinished  business  of  yesterday  was  next  in  order. 

The  question  recurred  on  Mr.  Manning's  motion  for  the 
•previous  question. 

Mr.  French  moved  that  the  Convention  take  a  recess  until 
Saturday  next  at  12  M. 

Mr.  Badger  moved  to  amend  by  striking  out  "  Saturday  12 
M,"  and  inserting  "  Friday  10  A.  M." 

The  question  recurred  first  on  the  call  for  the  previous 
question,  and  it  was  sustained. 

The  question  then  recurred  on  Mr.  Badger's  motion  to 
strike  out  and  insert. 


CONVENTION  OF  1875.  223 

The  yeas  and  nays  were  ordered,  and  the  motion  was  lost. 
Yeas  20,  nays  85,  as  follows: 

Yeas — Messrs.  Alhertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Black,  Bliven,  Bryan,  Crosby,  Davis,  Dixon, 
Goodwin,  Green,  Horton,  Justice,  McCanless,  Page,  Smythe 
and  Young. 

Nays— Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bowman,  Bullock, 
Bunn,  Buxton,  Byrd,  Cary,  Carter,  Chamberlain,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Dockery, 
Dula,  Durham,  Faircloth,  Faison,  Farrior,  French,  George, 
Green,  Hampton,  Harrington,  Hassell,  Henderson,  Ilinnant, 
Hoffman,  Helton,  Jarvis,  Jones  of  Yadkin,  Jordan,  King  ot 
Lenoir,  King  of  Pitt,  Kirby,  Lehman,  Love,  Mabson,  Man- 
ning of  Chatham,  Manning  of  New  Hanover,  Marshall, 
Massey,  McCabe,  McCorkle,  McEachin,  Morehead,  Motz, 
Munden,  Neal,  Nicholson,  Nowell,  O'Hara,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Sum- 
mers, Taylor,  Thorne,  Turner,  Yaughan,  Watts,  Wilson  and 
Wood  fin. 

The  following  delegates  were  paired  off: 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  question  then  recurred  on  the  motion  to  adjourn  until 
Saturday. 

The  yeas  and  nays  were  ordered,  and  the  motion  did  not 
prevail.     Yeas  22,  nays  S4r,  as  follows  : 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Black, 
Bliven,  Cary,  Crosby,  Davis,  Dixon,  Goodwin,  Hampton, 
Horton,  Justice,  Lowe,  Manning  of  New  Hanover,  Page, 
Scott  of  Jones,  Smythe,  Thorne  and  Woodfin. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bean,  Bennett,  Bingham,  Blocker, 
Bowman,  Bullock,  Bunn,  Buxton,  Bryan,  Byrd,  Carter,  Cham- 
berlain, Clingman,    Coleman,    Cooper,    Cowell,  Cunningham, 


224  JOURNAL  OF  THE 

Dobson,  Dockery,  Dula,  Durham,  Faircloth,  Faison,  Farrior, 
George,  Grantham,  Green,  Harrington,  Haseell,  Henderson, 
Ilinnant,  Huffman,  Hulton,  Jarvis,  Jones  of  Caldwell,  Jones 
of  Yadkin,  Jordan,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Leh- 
man, Love,  Mantling  of  Chatham,  Marshall,  Massey,  McCabe, 
McCanless,  McCorkle,  McEaehin,  Morehead,  Motz,  Munden, 
Keal,  Nicholson,  Novvell,  O'Hara,  Patterson,  Price,  Red  wine, 
Reid,  Robbine,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stalling!*,  Strowd,  Summers,  Taylor,  Turner,  Vaughan, 
Watts,  Wheeler  and  Wilson. 

The  following  delegates  were  paired  off": 

Messrs.  Everett,  McDonald,  Totirgee  and  Withers. 

The  question  recurred  on  the  amendment  proposed  by  Mr. 
S  my  the. 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail.     Yeas  none,  nays  106: 

Nays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Barrmger.  Bar- 
row, Bateman,  Bean,  Bennett,  Bingham,  Black,  Bliven, 
Bowman,  Bullock,  Bunn,  Buxton,  Bryan,  Byrd,  Cary,  Car- 
ter, Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell,  Crosby, 
Cunningham,  Davis,  Dixon,  Dobson,  Dockery,  Dula,  Durham, 
Faireloth,  Faison,  Farrior,  George,  Goodwin,  Grantham, 
Green,  Hampton,  Harrington,  Hassell,  Henderson,  Hinnant, 
Hodge,  Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Caldwell, 
Jones  i.f  Yadkin,  Jordan,  Justice,  King  of  Lenoir,  King  of 
Pitt,  Kirby,  Lehman,  Love,  Lowe,  Mabson,  Manning  of  Chat- 
ham, Manning  of  New  Hanover,  Marshall,  Massey,  McCabe, 
McCanless,  McCorkle,  McEaehin,  Morehead,  Motz,  Munden, 
Neal,  iSicholson,  Nowell,  Page,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rnm- 
ley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Smythe,  Spake,  Stallings,  Strowd,  Summers, 
Taylor,  Thorne,  Turner,  Yaughan,  Watts,  Wilson  and  Young. 

The  following  delegates  paired  off: 


CONTENTION  OF  1S75.  225 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  question  recurred  on  the  passage  of  the  ordinance  on 
its  second  reading. 

Mr.  Justice,  by  leave,  offered  to  amend  by  striking  out 
"  ninety"  and  inserting  "forty"  in  the  5th  line. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  52,  nays  57,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Black,  Bliven,  Blocker,  Bowman,  Bullock,  Bux- 
ton, Brj^an,  Gary,  Chamberlain,  Cresby,  Davis,  Dixon,  Dock- 
ery,  Dula,  Faircloth,  French,  Goodwin,  Grantham,  Hampton, 
Henderson,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones 
of  Yadkin,  Jordan,  Justice,  Kerr.  King  of  Lenoir,  Lehman, 
Lowe,  Mabson,  Manning  of  New  Hanover,  Maseey,  McCabe, 
McCanless,  Munden,  Nowell,  O'Hara,  Page,  Scott  of  Jones, 
Smythe,  Taylor,  Thome,  Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Car- 
ter, Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dob* 
son,  Durham,  Faison,  Farrior,  George,  Green,  Harrington, 
Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt, 
Kirby,  Love,  Manning  of  Chatham,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Yaughan,  Watts 
and  Wilson. 

The  following  delegates  paired  oft  : 

Messrs.  Everett,  Marshall,  McDonald,  Tourgee,  Wilcox  and 
Withers. 

Mr.  Cary,  by  leave,  offered  to  amend  by  adding  :  "  Provided^ 
That  no  person  or  persons  disfranchised  under  the  provisions 
of  this  ordinance  shall  be  required  to  pay  public  tax." 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected,  yeas  41,  nays  68,  as  follows  : 

Yeas — Messrs.    Albertson,    Badger,     Barringer,    Barrow, 
15 


226  JOURNAL  OF  THE 

Bean,  Black,  Bliven,  Bowman,  Bullock,  Buxton,  Bryan,  Caryr 
Chamberlain,  Crosby,  Davis,  Dixon,  Goodwin,  Granthamy 
Hampton,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jor- 
dan, King  of  Lenoir,  Lowe,  Mabson,  Manning  of  New  Han- 
over, McCabe,  McCanless,  Munden,  O'Hara,  Page,  Scott  of 
Jones,  Smythe,  Taylor,  Thorne,  Wheeler,  Wilcox,  Woodfm 
and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Batemau,  Bennett,  Bingham,  Blocker,. 
Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Dula,  Durham,  Faircloth,  Faison,  Far- 
rior,  French,  George,  Green,  Harrington,  Hassell,  Henderson, 
Hinnant,  Hodge,  Jarvis,  Jones  of  Caldwell,  Justice,  King  of 
Pitt,  Kirby,  Lehman,  Love,  Manning  of  Chatham,  Massey, 
McCcrkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson,. 
Newell,  Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts 
of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow, 
Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
Strowd,  Summers,  Turner,  Vaughan,  Watts  and  Wilson. 

The  following  delegates  were  paired  : 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  qu°stion  recurring  on  the  passage  of  the  ordinance  od 
its  second  reading,  Mr.  Buxton  called  for  a  division  of  the 
question,  the  first  proposition  to  include  all  that  part  of  the 
ordinance  embraced  within  the  first  and  fifth  lines,  and  the 
second  proposition  to  consist  of  the  remaining  part  of  the 
ordinance. 

The  Chair  ruled  that  it  would  be  out  of  order  to  vote  on 
the  first  proposition,  as  the  Convention  had  just  adopted  that 
proposition  by  refusing  to  strike  out  "  ninety  "  and  insert 
"  thirty,"  as  proposed  by  Mr.  Justice. 

The  question  recurring  on  the  second  proposition,  the  yeas 
and  nays  were  demanded,  and  the  proposition  was  adopted, 
yeas  63,  nays  44,  as  follows  : 

Yeas — Mr.  President,  Messrs.  Allison,  Allman,  Anderson 
of  Clay,'  Anderson  of  Madison,   Avery,   Bennett,  Bingham, 


CONVENTION  OF  1875.  227 

Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Dnla,  Durham,  Faircloth,  Faison, 
Farrior,  George,  Green,  Harrington,  Hassell,  Henderson, 
Hinnant,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  Massey,  MeCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson, 
Price,  Red  wine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Rumley,  Scott  of  Jones,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd, 
Summers,  Turner,  Vaughan,  Watts  and  Wilson. 

Yeas — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
Black,  Bliven,  Blocker,  Bullock,  Buxton,  Bryan,  Cary,  Cham- 
berlain, Crosby,  Davis,  Dixon,  Dockery,  French,  Goodwin, 
Grantham,  Hampton,  Hodge,  Hoffman,  Holton,  Horton,  Jones 
of  Yadkin,  Jordan,  Justice,  King  of  Lenoir,  Lehman,  Lowe, 
Mabson,  Manning  of  New  Hanover,  McCabe,  McCanless, 
Munden,  O'Hara,  Page,  Smythe,  Taylor,  Thorne,  Wheeler, 
Woodfin  and  Young. 

The  following  delegates  were  paired  : 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  question  recurring  on  the  passage  of  the  ordinance  oia 
its  second  reading,  and  the  yeas  and  nays  being  ordered,  the 
ordinance  passed  the  second  time.  Yeas  58,  nays  i9,  as 
follows : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd, 
Carter,  Clingman,  Coleman,  Cooper,  Cowell,  Cunningham, 
Dobson,  Durham,  Faison,  Farrior,  George,  Green,  Harring- 
ton, Hassell,  Henderson,  Hinnant,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Marshall, 
McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson, 
Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Sum- 
mers, Yaughan,  Watts  and  Wilson. 

Nats— Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 


228  JOURNAL  OF  THE 

man,  Bean,  Black,  Bliven,  Blocker,  Bullock,  Buxton,  Bryan, 
Gary,  Chamberlain,  Crosby,  Davis,  Dixon,  Dockery,  Faircloth, 
French,  Goodwin,  Grantham,  Hampton,  Hodge,  Hoffman, 
Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice,  King  of 
Lenoir,  Lehman,  Lowe,  Mabson,  Manning  of  New  Hanover, 
McCabe,  McCanless,  Munden,  Nowell,  O'Hara,  Page,  Scott  of 
Jones,  S  my  the,  Taylor,  Thorne,  Wheeler,  Wilcox.  Woodfin 
and  Young. 

The  following  delegates  paired  off: 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

Mr.  Badger  moved  to  suspend  the  rules  and  place  the  ordi- 
nance on  its  third  reading,  and  demanded  the  yeas  and  nays 
on  the  motion. 

Mr.  French  moved  that  the  Convention  take  a  recess  until 
4  P.  M.  to  day. 

Mr.  Page  moved  to  amend  by  saying  3%  P.  M.  to-day. 

Mr.  Holton  moved  to  amend  by  saying  3  P.  M.  to  day. 

Mr.  Manning,  of  Chatham,  moved  to  lay  the  motion  on  the 
table. 

Mr.  Badger  moved  that  the  Convention  do  now  adjourn. 

Upon  that  motion  the  yeas  and  nays  were  ordered,  and  the 
Convention  refused  to  adjourn,  yeas  23,  nays  80,  as  follows  : 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateraan,  Bliven, 
Bullock,  Bryan,  Cary,  Crosby,  Davis,  Dixon,  French,  Grant- 
ham, Hampton,  Hodge,  Horton,  Jones  of  Yradkin,  Mabson, 
Munden,  Page,  Smythe,  Thorne  and  Young. 

Nays — Messrs.  Allison,  All  man,  Anderson  of  Clay,  Ander- 
erson  of  Madison,  Avery,  Bean,  Bennett,  Bingham,  Blocker, 
Boyd,  Bunn,  Buxton,  Byrd,  Carter,  Chamberlain,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Dula,  Fair- 
cloth,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell 
Henderson,  Hinnant,  Hoffman,  Holton,  Jarvis,  Jones  of  Cald. 
well,  Jordan,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Lehman, 
Love,  Lowe,  Manning  of  C,  Manning  of  N.  H.,  Marshall 
Masse y,  McCabe,  McCanless,  McCorkle,  McEachin,  Morehead, 
Motz,  Neal,  Nicholson,   Nowell,   Patterson,  Price,   Eedwine, 


CONVENTION  OF  1875.  229 

Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Taylor,  Turner,  Vatighan, 
Watts,  Wilcox,  Wilson  and  Woodfin. 

The  following  gentlemen  were  paired  : 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  question  recurred  on  the  motion  to  table. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed, 
yeas  59,  na}7s  6,  as  follows  : 

Yeas — Mr.  President,  Messrs.  Allison,  Allman,  Anderson 
of  Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham, 
Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Durham,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead.  Motz,  Neal,  Nich- 
olson, Patterson,  Price,  Red  wine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd, 
Summers,  Turner,  Yaughan,  Watts  and  Wilson. 

Nays — Messrs.  Dockery,  Justice,  King  of  Lenoir,  Lehman, 
McCanless  and  Nowell. 

The  following  delegates  were  paired  off: 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  question  recurring  on  Mr.  Badger's  motion  to  suspend 
the  rules,  Mr.  French  moved  that  the  Convention  do  now 
adjourn. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn,  yeas  21,  nays  76,  as  follows : 

Yeas — Messrs.  Badger,  Barringer,  Bateman,  Cary,  Crosby, 
Davis,  Dixon,  Dockery,  French,  Goodwin,  Grantham,  Hamp- 
ton, Hodge,  Justice,  Lehman,  Lowe,  Mabson,  Manning  of 
New  Hanover,  Smythe,  Taylor  and  Thorne. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bean,  Bennett,  Bingham,  Blocker, 
Bunn,    Buxton,  Bryan,    Byrd,   Carter,    Clingman,   Coleman, 


230  JOURNAL  OF  THE 

Cooper,  Cowell,  Cunningham,  Dobson,  Dnla,  Durham,  Fair- 
cloth,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Hinnant,  Holton,  Jarvie,  Jones  of  Caldwell, 
Jones  of  Yadkin,  Jordan,  King  of  Pitt,  Kirby,  Love,  Man- 
ning if  Chatham,  Marshall,  McCabe,  McCanles6,  MeCorkle, 
McEachin,  Moreliead,  Motz,  Neal,  Nicholson,  Nowell,  O'Hara, 
Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Sum- 
mers, Turner,  Yaughan,  Watts,  Wheeler,  Wilcox,  Wilson, 
Wondfin  and  Young. 

The  following  delegates  paired  off: 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

Mr.  Manning,  of  Chatham,  called  the  previous  question. 
The  yeas  and  nays  were  ordered,  and  the  call  was  sutained, 
yeas  59,  nays  3,  as  follows : 

Yeas — Mr.  President,  Messrs.  Allison,  Allman,  Anderson 
of  Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham, 
Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Durham,  Faircloth,  Faison,  Farrior, 
George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones 
of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham, 
Marshall,  MeCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd, 
Summers,  Turner,  Vaughan,   Watts  and   Wilson. 

Nays — Messrs.  Chamberlain,  Hinnant  and  Nowell. 

The  following  delegates  were  paired  :  Messrs.  Everett,  Mc- 
Donald, Tourgee  and  Withers. 

The  question  recurred  on  Mr.  Badger's  motion  to  suspend 
the  rules. 

The  yeas  and  nays  were  ordered,  and  the  result  was  as 
follows: 

Yeas — Mr.  President,  Messrs.  Allison,  Allman,  Anderson 
of  Clay,   Anderson  of  Madison,  Avery,   Bennett,    Bingham, 


CONVENTION  OF  1875.  231 

Bann,  Byrd,  Carter,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunniughana,  Dobson,  Durham,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of 
Caldwell,  King  of  Pitt,  Kirbjj  Love,  Manning  of  Chatham, 
Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal, 
Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts 
of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  <  mslow, 
Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
Strowd,  Summer«,  Turner,  Vaughan,  Watts  and  Wilson — 59. 

Nays — Messrs.  Albertson,  Badger,  Bateman,  Bean,  Blocker, 
Boyd,  Buxton,  Bryan,  Cary,  Crosby,  Davis,  Dockery,  Dula, 
French,  Goodwin,  Grantham,  Holton,  Jones  of  Yadkin,  Jor- 
dan, Justice,  Mabson,  Manning  of  New  Hanover,  Massey, 
McCabe,  McCanless,  Munden,  O'Hara,  Page,  Scott  of  Jones, 
Taylor,  Thome,  Wheeler,  Woodfin  and  Young — 34. 

The  following  delegates  paired  off: 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

Less  than  sixty-one  (61)  members  voting  in  the  affirmative, 
the  motion  to  suspend  the  rules  failed. 

The  consideration  of  ordinances  on  third  reading  being  next 
in  order,  the  Convention  proceeded  to  consider  O.  No  98  :  An 
ordinance  to  abrogate  and  annul  section  33,  article  4,  of  the 
Constitution. 

The  ordinance  was  read  the  third  time. 

Mr.  Badger  moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn,  yeas  36,  nays  63,  as  follows  : 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Bateman, 
Bean,  Black,  Blocker,  Bullock,  Buxton,  Bryan,  Cary,  Crosby, 
jDavis,Dockery,Faircloth,  French,  Goodwin, Grantham,  Hamp- 
ton, Hinnant,  Hodge,  Hoffman,  Holton,  Justice,  Mabson,  Man- 
ning of  New  Hanover,  Massey,  McCabe,  McCanless,  Munden, 
Page,  Taylor,  Thorne,  Wi'cox,  Woodfin  and  Young. 

Nays — Messrs.  Allison,  AUman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Carter, 
•Clingman,  Coleman,  Cooper,   Cowell,  Cunningham,  Dobson, 


232  JOURNAL  OF  THE 

Durham,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  Jones  of  Yadkin,  Jor- 
dan, King  of  P.'tt,  Kirby,  Love,  Manning  of  Chatham,  Mar- 
shall, McCorkle,  McEaehin,  Morehead,  Motz,  Neal,  Nicholson, 
Nowell,  O'Hara,  Patterson,  Price,  Redwine,  Reid,  Rubbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rnmley,  Scott  of  Ons- 
low, Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
Strowd,  Summers,  Turner,  Yaughan,  Watts,  Wheeler  and 
Wilson. 

The  following  delegates  were  paired  : 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  following  ordinances  and  resolutions,  reported  as  cor- 
rectly enrolled  by  the  Committee  on  Enrolled  Bills,  were  duly 
ratified  : 

An  ordinance  to  amend  article  3,  section  10,  of  the  Consti- 
tution ; 

An  ordinance  to  abrogate  and  annul  sections  15,  16  and  17, 
of  article  4,  of  the  Constitution. 

Resolution  requiring  the  Secretary  of  this  Convention  to 
prepare  the  journal  for  publication,  and   to  pay  him  therefor. 

Mr.  Durham  moved  that  the^Convention  take  a  recess  until 
4  P.  M.  to-day. 

Mr.  French  offered  to  amend  by  striking  out  4,  and  in- 
serting 8. 

The  amendment  did  not  prevail. 

The  question  recurring  on  Mr.  Durham's  motion,  it  pre- 
vailed. 

The  Convention  then  stood  adjourned  until  4  P.  M.  to-day. 


CONVENTION  OF  1875.  233:. 

EVENING  SESSION. 

October  6,  1875. 

The  Convention  assembled  at  4  P.  M.,  pursuant  to  adjourn^ 
ment,  the  President  in  the  Chair. 

Leaves  of  absence  were  granted  as  foilows  : 

To  Mr.  Mannix  for  four  days  from  yesterday  ; 

To  Mr.  Dixon  until  Tuesday  next. 

The  Convention  proceeded  to  consider  the  unfinished  busi- 
ness of  the  morning  session,  to  wit : 

O.  No.  98  :  An  ordinance  to  abrogate  and  annul  section 
33,  article  4,  of  the  Constitution. 

The  pending  question  was  upon  the  passage  of  the  ordi- 
nance on  its  third  reading. 

Mr.  Manning,  of  Chatham,  offered  the  following  substitute  : 

"  Be  it  ordained  by  the  people  of  North  Carolina,  in- 
Convention  assembled,  That  section  33,  article  4,  of  the  Con- 
stitution be  amended  to  read  as  follows  : 

"  Section  — .  The  several  Justices  of  the  Peace  shall  have- 
jurisdiction,  under  such  regulations  as  the  General  Assembly 
shall  prescribe,  of  civil  actions  founded  on  contract,  wherein 
the  sum  demanded  shall  not  exceed  two  hundred  dollars,  and 
wherein  the  title  to  real  estate  shall  not  be  in  controversy  ;  and 
of  all  criminal  matters  arising  within  their  counties  where  the 
punishment  cannot  exceed  a  fine  of  fifty  dollars,  or  imprison- 
ment for  thirty  days.  And  the  General  Assembly  may  give 
to  Justices  of  the  Peace  jurisdiction  of  other  civil  actions 
wherein  the  value  of  the  property  in  controversy  does  not 
exceed  fifty  dollars.  When  an  issue  of  fact  shall  be  joined 
before  a  Justice,  on  demand  of  either  party  thereto  he  shall 
cause  a  jury  of  six  men  to  be  summoned  who  shall  try  the 
same.  The  party  against  whom  judgment  shall  be  rendered 
in  any  civil  action    may   appeal   to  the  Superior   Court  from., 


234  JOURNAL  OF  THE 

the  same.  In  all  cases  of  a  criminal  nature,  the  party  against 
whom  judgment  is  given  may  appeal  to  the  Superior  Court, 
where  the  matter  shall  be  heard  anew.  In  all  cases  brought 
before  a  Justice,  he  shall  make  a  record  of  the  proceedings, 
and  file  the  same  with  the  Clerk  of  the  Superior  Court  for  his 
county." 

Mr.  Manning,  of  Chatham,  called  the  previous  question. 

Mr.  French  moved  that  the  Convention  take  a  recess  until  8 
P.  M.  to-day. 

The  question  recurred  on  the  call  for  the  previous  question. 

The  yeas  and  nays  were  ordered,  and  the  call  for  the  pre- 
vious question  was  sustained,  yeas  55,  nays  41. 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Carter,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Durham, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love, 
Manning  of  Chatham,  Marshall,  McCorkle,  McEachin,  More- 
head,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott 
of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Strowd,  Summers,  Turner,  Yaughan,  Watts  and 
"Wilson. 

Nays — Messrs.  Badger,  Barringer,  Barrow,  Black,  Blocker, 
Boyd,  Bullock,  Buxtou,  Bryan,  Cary,  Chamberlain,  Crosb}7, 
©avis,  Dixo;  ,  Dockery,  Dula,  Faircloth,  French,  Goodwin, 
Grantham,  Hampton,  Hinnant,  Hoffman,  Holton,  Horton, 
•  Jones  of  Yadkin,  Jordan,  Lehman,  Lowe,  Mabson,  Manning 
of  New  Hanover,  Massey,  MeCabe,  McCanless,  Munden, 
Nowell,  O'Hara,  Page,  Taylor,  Thome  and  Wheeler. 

The  following  delegates  paired  off: 

Messrs.  Albertson,  Bowman,  Bunn,  Byrd,  Everett,  Mc- 
Donald, Tourgee  and  Withers. 

The  question  then  recurred  on  Mr.  French's  motion  to  take 
-a  recess. 


CONTENTION  OF  1875  235 

Mr.  Page  moved  to  amend  by  striking  out  8  P.  M.  and  in- 
serting 7:30  P.  M.  in  lieu  thereof. 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail,  yeas  8,  nays  90. 

Yeas — Messrs.  Badger,  Barringer,  Bryan,  Davis,  Goodwin, 
Jones  of  Yadkin,  Munden  and  Page. 

Nays— Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barrow,  Bean,  Bennett,  Bingham, 
Black,  Blocker,  Bullock,  Bunn,  Buxton,  Cary,  Carter  Cham- 
berlain, Clingman,  Coleman,  Cooper,  Cowell,  Crosby,  Cun- 
ningham, Dixon,  Dobson,  Dnla,  Durham,  Faireloth,  Faison, 
Farrior,  French,  George,  Grantham,  Hampton,  Harrington, 
Hassell,  Henderson,  Hinnant,  Hoffman,  Holton,  Horton,  Jar- 
vis,  Jones  of  Caldwell,  Jordan,  King  of  Pitt,  Kirby,  Lehman, 
Love,  Lowe,  Mabson,  Manning  of  Chatham,  Manning  of  New 
Hanover,  Marshall,  Massey,  McCabe,  McCanless,  McCoiklej 
McEachin,  Morehead,  Neal,  Nicholson,  Nowell,  O'Hara,  Pat- 
terson, Price,  Redwine,  Reid  Robbins,  Huberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober, 
Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Taylor,  Thorne,  Turner,  Yaughan,  Watts,  Wheeler,  Wilcox, 
Wilson  and  Woodfin. 

The  following  delegates  paired  oft': 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  question  then  recurring  on  the  motion  made  by  Mr. 
French  to  take  a  recess  until  8  P.  M.,  the  yeas  and  nays  were 
ordered,  and  the  motion  did  not  prevail.     Yeas  6,  nays  89: 

Yeas — Messrs.  Badger,  Barringer,  Black,  Bryan,  Cary  and 
Goodwin. 

Nays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Avery,  Barrow,  Bateman,  Bean,  Bennett,  Bingham, 
Bunn,  Buxton,  Carter,  Chamberlaiu,  Clingman,  Coleman, 
Cooper,  Cowell,  Crosby,  Cunningham,  Dobson,  Dockery, 
Dula,  Durham,  Faireloth,  Faison,  Farrior,  George,  Grantham, 
Green,  Hampton,  Harrington,  Hassell,  Henderson,  Hinnant, 
Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Caldwell,  Jones  of 


236  JOURNAL  OF  THE 

Yadkin,  Jordan,  Kerr,  King  of  Pitt,  Kirby,  Lehman,  Love, 
Lowe,  Mabson,  Manning  of  Chatham,  Manning  of  New 
Hanover,  Marshall,  Massey,  McCabe,  McCanless,  Mc^orkle, 
McEachin,  Morehead,  Neal,  Nicholson,  Nowell,  O'Hara,  Page, 
Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltaiy,  Smythe,  Spake,  Stallings,  Strowd, 
Summers,  Taylor,  Thome,  Turner,  Yaughan,  "Watts,  Wheeler, 
Wilson  and  Woodfin. 

The  following  delegates  were  paired  : 

Messrs.  Everett,  McDonald,  Tourgee  and  Withers. 

The  question  then  recurring  on  the  adoption  of  the  substi- 
tute proposed  by  Mr.  Manning,  of  Chatham,  it  was  adopted. 

The  ordinance,  as  amended,  then  passed  the  third  time. 

Mr.  Holton  moved  that  the  rules  be  suspended  and  that 
O.  No.  258 :  An  ordinance  to  submit  the  question  of  pardon 
of  W.  W.  Holden  to  the  people  of  the  State,  be  taken  up. 

The  yeas  and  nays  being  ordered,  the  House  refused  to 
suspend  the  rules.     Yeas  46,  nays  56,  as  follows : 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Bean, 
Black,  Bliven,  Blocker,  Bullock,  Buxton,  Bryan,  Cary,  Cham- 
berlain, Crosby,  Davis,  Dixon,  Dockery,  Faircloth,  French, 
Goodwin,  Grantham,  Hampton,  Hinnant,  Hoffman,  Holton, 
Horton,  Jones  of  Yadkin,  Jordan,  Kerr,  King  of  Lenoir, 
Lehman,  Lowe,  Mabson,  Manning  of  New  Hanover,  Massey, 
McCabe,  McCanless,  Mnnden,  Nowell,  O'Hara,  Page,  Taylor, 
Thorne,  Wheeler,  Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson» 
Durham,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Scott 
of  Onslow,    Shepherd,  Shober,    Sinclair,  Singeltary,    Spake, 


CONVENTION  OF  16T5.  237 

Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts  and 
Wilson. 

The  following  delegates  were  paired  off: 

Messrs.  Bowman,  Byrd,  Everett,  McDonald,  Tourgee  and 
Withers. 

Mr.  French  moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  being  ordered,  the  Convention  refused  to 
adjourn,  yeas  39,  nays  60: 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Bean, 
Black,  Blrven,  Bullock,  Buxton,  Bryan,  Cary,  Crosby,  Davis, 
Dixon,  Dockery,  Dula,  Faireloth,  French,  Goodwin,  Granth- 
am, Hampton,  Hinnant,  Hoffman,  Jones  of  Yadkin,  Jordan, 
Lehman,  Lowe,  Mabson,  Manning  of  New  Hanover,  Massey, 
McCabe,  McCanless,  Munden,  Nowell,  Page,  Taylor,  Thome, 
Wilcox  and  Young. 

Nays — Messrs.  Alliscn,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Blocker,  Carter, 
Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Dobson,  Durham,  Faison,  Farriur,  George,  Green,  Har- 
rington, Hassell,  Henderson,  Holton,  Jarvis,  Jones  of  Cald- 
well, King  of  Pitt,  Kir  by,  Love,  Manning  of  Chatham,  Mar- 
shall, McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nicholson, 
Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of  David- 
son, Roberts  of  Gates,  Scott  of  OdsIow,  Shepherd,  Shober, 
Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Turner,  Vaughan,  Watts,  Wheeler,  Wilson  and  Woodfin. 

The  following  delegates  paired  off: 

Messrs.  Bowman,  Byrd,  Everett,  McDonald,  Tourgee  and 
Withers. 

Mr.  Jarvis  called  for  the  reading  of  the  next  ordinance  on 
calendar. 

The  Secretary  proceeded  to  read  O.  No.  243  :  An  ordinance 
to  add  three  sections  to  article  4  of  the  Constitution. 

At  the  conclusion  of  the  reading  Mr.  Badger  addressed  the 
Chair. 


238  JOURNAL  OF  THE 

Mr.  Jarvis  also  addressed  the  Chair,  moving  the  previous? 
question. 

Mr.  Badger  objected  to  the  motion,  claiming  the  right  to 
the  floor. 

Mr.  Jarvis  also  claimed  the  right  to  the  floor,  as  he  had  not 
yielded  it  since  calling  for  the  reading  of  the  ordinance. 

Mr.  Badger  objected,  on  the  ground  that  Mr.  Jarvis  could 
not  retain  the  right  to  the  floor  during  the  reading  of  the  or- 
dinance called  for  by  him. 

The  Chair  decided  that  Mr.  Jarvis  was  entitled  to  the  floor. 

Thereupon  Mr.  Badger  appealed  from  the  decision  of  the 
Chair  to  the  decison  of  the  House. 

The  Chair  put  the  question,  "  Shall  the  decision  of  the 
Chair  stand  for  the  decision  of  the  House  V 

The  yeas  and  nays  were  ordered,  and  the  decision  of  the 
Chair  was  sustained,  yeas  56,  naj7s  46  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Carter,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Durham, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love, 
Manning  of  Chatham,  Marshall,  McCorkle,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates, 
Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singel- 
tary,  Spake,  Stallings,  Strowd,  Summers,  Turner,  Yaughan, 
Watts  and  Wilson. 

Nays — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Bean, 
Black,  Bliven,  Blocker,  Bullock,  Buxton,  Bryan,  Gary,  Cham- 
berlain, Crosby,  Davis,  Dixon,  Dockery,  Dula,  Faircloth, 
French,  Goodwin,  Grantham,  Hampton,  Hinnant,  Hoffman, 
Holton,  Horton,  Jones  of  Yadkin,  Jordan,  King  of  Lenoir, 
Lehman,  Lowe,  Mabson,  Manning  of  New  Hanover,  Masse}7', 
McCabe,  McCanless,  Munden,  O'Hara,  Smythe,  Taylor,. 
Thorne,  Wheeler,  Wilcox,  Woodfin  and  Young. 


CONVENTION  OF  1875.  23$ 

The  following  delegates  paired  :  Messrs.  'Bowman,  Bjrd^ 
Everett,  McDonald,  Tourgee  and  Withers. 

The  question  recurring  upon  the  call  for  the  previous  ques- 
tion, Mr.  Badger  moved  that  the  Convention  do  now  adjourn. 

The  yeas  and  nays  were  ordered,  and  the  Convention  re- 
fused to  adjourn.     Yeas  34,  nays  66: 

Yeas — Messrs.  Badger,  Barringer,  Barrow,  Bateman,  Bean,. 
Bliven,  Blocker,  Bullock,  Buxton,  Brvan,  Cary,  Crosby,  Da- 
vis, Dixon,  Dockery,  French,  Goodwin,  Grantham,  Hampton, 
Hinnant,  Horton,  Jones  of  Yadkin,  Jordan,  Lehman,  Lowe, 
Massey,  McCanless,  Munden,  Page,  Smythe,  Taylor,  Thorne,. 
Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Black,  Carter,. 
Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning-- 
ham,  Dobson,  Dula,  Durham,  Faircloth,  Faison,  Farrior,. 
George,  Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Joces- 
of  Caldwell,  King  of  Lenoir,  King  of  Pitt,  Kirby,  Love,  Man- 
ning of  Chatham,  Marshall,  McCabe,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Nowell,  O'Hara,  Patterson,. 
Price,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner,. 
Vaughan,  Watts,  Wheeler,  Wilcox  and  Wilson. 

The  following  delegates  paired  off: 

Messrs.  Bowman,  Byrd,  Everett,  McDonald,  Tourgee  and 
Withers. 

The  question  then  recurred  on  the  call  for  the  previous- 
question,  and  the  yeas  and  nays  being  demanded,  the  call  was- 
sustained,  yeas  58,  nays  39 : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  M.,  Avery,  Bateman,  Bennett,  Bingham,  Carter,  Clings 
man,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Dur- 
ham, Faison,  Farrior,  George,  Green,  Harrington,  Hassell^, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirbjy. 
Love,  Manning  of  Chatham,  Marshall,   McCorkle,  McEachiny 


240  JOURNAL  OF  THE 

Morehead,  Motz,  Neal,  Nicholson,  Nowell,  Patterson,  Price, 
Redwine,  ReiJ,  Robbins,  Roberts  of  Davidson,  Roberts  of 
G-ates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner, 
Vaughan,  Watts  and  Wilson. 

Nays — Messrs.  Badger,  Barrow,  Bean,  Bliven,  Blocker,  Bul- 
lock, Buxton,  Bryan,  Gary,  (  hamberlain,  Crosby,  Davis, 
Dockery,  Dnla,  French,  Grantham,  Hampton,  Hinnant,  Hol- 
vton,  Horton,  Jones  of  Yadkin,  Jordan,  King  of  Lenoir,  Leh- 
aman'j  Lowe,  Mabson,  Manning  of  New  Hanover,  Massey,  Mc- 
Cabe,  McOanless,  Manden,  O'Hara,  Page,  Smythe,  Taylor, 
Thorne,  Wheeler,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Messrs.  Albertson,  Bowman,  Bunn,  Byrd,  Everett,  Mc- 
'Donald,  Tourgee  and  Withers. 

The  question  recurred  on  the  adoption  of  the  substitute 
proposed  by  the  Committee,  and  it  was  adopted. 

The  question  next  recurring  on  the  passage  of  the  ordi- 
nance, as  amended  on  its  second  reading,  the  yeas  and  nays 
were  ordered,  and  it  passed  the  second  time.  Yeas  58,  nays 
33,  as  +'ollows : 

Yeas — Messrs.  Allison,  Allraan,  Anderson  of  Clay,Anderson 
of  Madison,  Avery,  Badger,  Bateman,  Bdnnett,Bingham,Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Durham,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singel- 
tary, Spake,  Stallings,  Strowd,  Summers,  Turner,  Yaughan, 
Watts  and  Wilson. 

Nays — Messrs.  Barrow,  Bliven,  Blocker,  Buxton,  Bryan, 
Gary,  Chamberlain,  Crosby,  Davis,  Dockery,  Dula,  French, 
Grantham,  Hampton,  Huffman,  Horton,  Jones  of  Yadkin, 
-Jordan,  King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Manning  of 


CONVENTION"  OF  1875.  241 

of  New  Hanover,  Massey,  McCabe,  McOanless,  O'Hara,  Page, 
Taylor,  Thome,  Wheeler,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Messrs.  Albertson,  Bowman,  Bunn,  Byrd,  Everett,  McDon- 
aid,  Tonrgee  and  Withers. 

Mr.  Badger  moved  that  the  rules  be  suspended,  and  the 
Convention  proceeded  to  consider  O.  No.  115  :  An  ordinance 
to  alter  section  26,  article  4,  of  the  Constitution. 

The  motion  prevailed,  and  the  ordinance  was  read  the  sec- 
ond time. 

The  substitute  proposed  by  the  Committee  on  the  Judicial 
Department  was  adopted,  and  the  ordinance,  as  amended, 
passed  the  second  time. 

The  Convention  then  adjourned  until  10  A.  M.  to-morrow. 


TWENTY-EIGHTH  DAY. 

Thursday,  October  7,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in  the 
chair. 

Prayer  was  offered  by  Rev.  Dr.  M.  M.  Marshall. 

The  Journal  of  yesterday  was  read  and  approved. 

Mr.  Turner  offered  a  petition  from  W  A.  Rhodes,  James 
A.  Rogers,  and  other  citizens  against  paying  the  special  tax 
and  penitentiary  bonds  without  consent  of  the  people. 

Mr.  Turner  moved  to  suspend  the  rules,  and  enter  upoc 
the  consideration  of  the  petition. 

The  yeas  and  nays  were  demanded,  and  the  motion  failed, 
yeas  60,  nays  42,  as  follows  : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Bean,  Bennett,  Boyd,  Bullock,  Bunn,  Byrd,  Cham- 
16 


242  JOURNAL  OF  THE 

berlain,  Cooper,  Cowell,  Cunningham,  Dobson,  Dockery, 
Dula,  Everett,  Faison,  Farrior,  George,  Green,  Harrington, 
Hassell,  Hender&on,  Hudge,  Holton,  Jones  of  Yadkin,  Justice, 
King  of  Pitt,  Kirby,  Love,  Lowe,  Mabson,  Manning  of  Chat- 
ham, McCabe,  McCorkle,  McEachin,  Nea1,  Nicholson  Nowell, 
O'Hara,  Patterson,  Price,  Red  wine,  Reid,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Smythe,  Spake,  Stallings,  Strowd,  Summers,  Taylor,  Turner, 
Wheeler,  Wilson  and   Woodtin. 

Nays — Messrs.  Allison,  Avery,  Barringer,  Barrow,  Bate- 
man,  Bell,  Bingham,  Black,  Bowman,  Buxton,  Bryan,  Cling- 
man,  Coleman,  Crosby,  Davis,  Durham,  Faircloth,  French, 
Goodwin,  Grantham,  Hinnant,  Hoffman,  Ilnrton,  Jarvis, 
Jones  of  Caldwell,  Jordan,  King  of  Lenoir,  Lehman,  Manning 
of  New  Hanover,  Marshall,  Massey,  McCanless,  McDonald, 
Morehead,  Motz,  Page,  Robbins,  Shober.  Sinclair,  Thorne, 
Yanghan  and  Watts. 

The  following  delegates  were  paired  off:  Messrs.  Tourgee 
and  Withers. 

Messrs.  Albertson,  Badger,  Blocker  and  Munden  were  ex- 
cused. 

The  petition  was  placed  upon  the  calendar. 

Mr.  Turner  offered  a  petition  against  the  interference  of 
railroads  in  State  and  political  affairs. 

Read  and  placed  on  the  calendar. 

Reports  from  Standing  Committees  were  submitted  as 
follows : 

From  the  Committee  on  Municipal  Corporations  : 

By  Mr.  Shepherd,  O.  No.  161 :  An  ordinance  to  amend  sec- 
tion 5,  article  7,  of  the  Constitution ;  with  the  recommenda- 
tion that  it  do  not  pass. 

By  Mr.  Manning,  of  New  Hanover,  from  the  C©mmittee 
on  Amendments,  O.  No.  276  :  An  ordinance  for  the  financial 
relief  of  the  people  of  North  Carolina  ;  with  the  recommen- 
dation that  it  do  not  pass. 

The  following  ordinances  and  resolutions  were  introduced, 


CONVENTION  OF  1875.  243 

read  and  passed  the  first  time,  and  referred  or  otherwise  dis- 
posed of,  as  follows : 

By  Mr.  McCanless:  As  ordinance  to  amend  article  7,  sec- 
tion 7,  of  the  Constitution.     Placed  on  the  calendar. 

By  Mr.  Badger :  A.  resolution  on  sine  die  adjournment. 
Placed  on  the  calendar. 

By  Mr.  Morehead  :  A  resolution  to  adjourn  sine  die  on  the 
18th.     Placed  on  the  calendar. 

By  Mr.  Boyd  :  A  resolution  of  instruction  to  the  Judiciary 
Committee,  relative  to  the  settlement  of  the  public  debt. 
Placed  on  the  calendar. 

By  Mr.  Badger:  Resolution  to  abolish  the  Senate  and  give 
to  the  Governor  by  and  with  the  advice  and  consent  of  his 
counsel  of  State  a  limited  veto  power.  Placed  on  the  cal- 
endar. 

By  Mr.  Thorne  :  An  ordinance  abolishing  certain  tests  of 
suffrage  and  eligibility  to  office.     Placed  on  the  calendar. 

By  Mr.  Kerr:  An  ordinance  to  submit  the  proposed  amend- 
ment to  section  3,  of  article  9,  of  the  Constitution,  to  a  sepa- 
rate vote  from  the  proposed  amendments  to  other  parts  of  the 
Constitution.     Placed  on  the  calendar. 

Mr.  Reid  moved  to  suspend  the  rules,  and  take  up  O.  No. 
255;  An  ordinance  to  amend  "  an  ordinance  to  submit  amend- 
ments of  this  Constitution  to  the  people." 

The  motion  prevailed,  and  the  ordinance  was  read  the  sec- 
ond time. 

The  substitute  proposed  by  the  Committee  on  Revision  was 
read  and  adopted. 

Mr.  Badger  offered  to  amend  by  adding,  "and  the  Grov- 
•ernor  and  Secretary  of  State  shall  have  the  amendments  pub- 
lished weekly  for  six  weeks  immediately  before  the  election  in 
two  newspapers  published  in  the  city  of  Raleigh." 

Mr.  Durham  demanded  the  previous  question. 

The  call  was  sustained. 

The  question  recurring  on  Mr.  Badger's  amendment,  it  was 
rejected,  and  the  ordinance  passed  the  second  time. 


244  JOURNAL  OF  THE 

The  rules  were  suspended,  and  the  ordinance  was  read  and 
passed  the  third  time. 

Mr.  Boyd  moved  to  suspend  the  rules,  and  take  up  a  resolu- 
tion introduced  by  himselt  this  morning,  it  being  a  resolution 
of  instruction  to  the  Committee  on  the  Judicial  Department 
relative  to  the  settlement  of  the  public  debt. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed, 
yeas  63,  nays  41,  as  follows  : 

Yeas — Messrs.  All  man,  Anderson  of  Clay,  Anderson  of 
Madison,  Bateman,  Bean,  Bennett,  Bingham,  Black,  Boyd, 
Bullock,  Byrd,  Cooper,  Cowell,  Cunningham,  Davis,  D  >bson, 
Dula,  Everett,  Faison,  Farrior,  George,  Green,  Harrington, 
Hassell,  Henderson,  Iiolton,  Horton,  Jusiice,  Kerr,  King  of 
Piit,  Kirby,  Love,  Lowe,  Manning  of  Chatham,  Marshall,  Mc- 
Canless,  McCorkle,  McEachin,  Motz,  Munden,  Nicholson, 
Nowell,  O'Hara,  Patterson,  Price,  Redwine,  Reid,  Bobbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Ons- 
low, Shepherd,  Shober,  Spake,  Stallings,  Strowd,  Summers, 
Taylor,  Turner,  Watts,  Wilson  and  Woodfin. 

Nays — Messrs.  Allison,  Avery,  Barriuger,  Barrow,  Bell, 
Bliven,  Blocker,  Bowman,  Bunn,  Buxton,  Bryan,  Cary,  Cham- 
berlain, Clingi-nan,  Coleman,  Crosby,  Durham,  Faircloth, 
French,  Goodwin,  Grantham,  Hinnant,  Hodge,  Jones  of  Cald- 
well, Jones  of  Yadkin,  Jordan,  King  of  Lenoir,  Lehman,  Mab- 
son,  Manning  of  New  Hanover,  Massey,  McCabe,  McDonald, 
Morehead,  Neal,  Page,  Sinclair,  Smythe,  Thorne,  Yaughan 
and  Wilcox. 

The  following  delegates  paired  off: 

Messrs.  Tonrgee  and  Withers. 

The  resolution  was  then  read  and  adopted. 

The  Convention  next  entered  upon  the  consideration  of  or- 
dinances Nos.  232  and  39,  to  amend  section  1,  article  4,  of  the 
Constitution,  by  requiring  ninety  days  residence  as  a  qualifica- 
tion for  voting,  and  disfranchising  felons. 

The  ordinance,  as  perfected  on  the  second  reading,  was  read 
the  third  time. 


CONVENTION  OF  1875.  845 

Mr.  Cary  offered  to  amend  by  adding  the  following  proviso: 

"Provided,  That  no  person  or  persons  disfranchised  under 
the  provisions  of  this  ordinance,  shall  be  required  to  pay 
taxes." 

Mr.  Buxton  offered  to  amend  by  striking  out  "  ninety"  in 
line  5,  and  inserting  "  sixty." 

Mr.  Durham  called  the  previous  question. 

The  call  was  sustained. 

The  question  recurring  on  Mr.  Cary's  amendment,  it  was 
rejected. 

The  question  then  recurred  on  Mr.  Buxton's  amendment. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  47,  nays  59,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Bateman,  Bean,  Bell, 
Bliven,  Blocker,  Bowman,  B  >yd,  Bullock,  Buxton,  Bryan, 
Cary,  Crji&by,  Davis,  Dockery,  Data,  Faircloth,  French, 
Goodwin,  Grantham,  Hinnant,  Hodge,  Hoffman,  Holton, 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  King  of  Lenoir 
Lehman,  jN^aJjson,  Manning  of  ftew  Hanover,  Massey,  McCabe, 
McCanless,  McDonald,  Munden,  Nowell,  O'Hara,  Page, 
Smythe,  Taylor,  Thorne,  "Wheeler,  Wilcox  and  Woodfin. 

Nays — Messrs.  Allison,  All  man,  Anderson  of  Clay,  Ander. 
son  of  Madison,  Avery,  Barringer,  Bennett,  Bingham,  Bunn, 
Byrd,  Clingman,  Coleman,  Cooper,  Cowell,  Cunningham, 
Dobson,  Durham,  Everett,  Faison,  Farrior,  George,  Green, 
Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  Marshall, 
McCorkle,  McEaehin,  Morehead,  Motz,  Neal,  Nicholson, 
Patterson,  Price,  Red  wine,  Reid,  Robbing,  Roberts  of  David- 
son, Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Sum- 
mers, Turner,  Vaughan,  "Watts  and  Wilson. 

The  following  delegates  paired  off: 

Messrs.  Carter,  Scott  of  Jones,  Tourgee  and  Withers. 


246  JOURNAL  OF  THE 

The  question  recurring  on  the  passage  of  the  ordinance  the 
third  time,  a  division  of  the  question  was  ordered. 

The  question  recurred  first  on  the  part  of  the  ordinance  re- 
quiring ninety  days  residence  as  a  qualification  to  vote.  The 
yeas  and  nays  were  ordered,  and  the  proposition  was  adopted. 
Yeas  57,  nays  49,  as  follows  : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bunn,  Byrd,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunnit  gham,  Dobson,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell,. 
Henderson,  Hinnant,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  MoEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine,. 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scutt  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts 
and  Wilson. 

Nats — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bul- 
lock, Buxton,  Bryan,  Cary,  Chamberlain,  Qrosby,  Davis, 
Dockery,  Faircloth,  French,  Goodwin,  Grantham,  Hodge,. 
Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice, 
King  of  Lenoir,  Lehman,  Mabson,  Manning  of  New  Hanover,. 
Massey,  McCabe,  McCanless,  McDonald,  Munden.  No  well,. 
O'jHara,  Page,  Smyjlie.  Taylor,  Thorne,  Wheeler,  Wilcox  and 
Woodfin. 

The  following  delegates  were  paired  off : 

Messrs.  Carter,  Scott  of  Jones,  Tourgee  and  Withers. 

The  question  recurred  on  the  second  proposition,  disfran- 
chising felous. 

Mr.  Page  offered  to  amend  by  inserting  after  the  word 
"  felony,"  in  line  eight,  section  one,  the  word  "  miscegena- 
tion." 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  41,  nays  63,  as  follows: 

Yeas — Messrs.   Albertson,  Badger,    Bateman,  Bean,  Bell,, 


CONVENTION  OF  1875.  247 

Black,  "Bliven,  Blocker,  Boyd,  Bnxton,  Bryan,  |Qar_y,  Crosby, 
Davis,  Dockery,  French,  Goodwin,  Ilinnant,  Hodge,  Hoff- 
man, Holton,  Horton,  Jones  of  A  adkin,  Jordan,  Justice, 
Lehman,  Mabson,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanless,  McDonald,  Munden,  O'Hara,  Page,  Smythe, 
Taylor,  Thorne,  Wheeler,  Wilcox  and   Young. 

Nays — Messrs.  Allrnan,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Baninger,  Bennett,  Bingham,  Bullock,  Bnnn, 
Byrd,  Carter,  Chamberlain,  Clingman,  Coleman,  Cowell,  Cun- 
ningham, Dobson,  Durham,  Everett,  Faircloth,  Faison,  Farrior, 
George,  Grantham,  Green,  Harrington,  Haesell,  Henderson, 
Jarvis,  Jones  of  Caldwell,  King  of  Lenoir,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Nowell,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rnra- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts 
and  Wilson. 

The  following  delegates  were  paired  off: 

Messrs.  Carter,  Scott  of  Jones,  Tourgee  and  Withers. 

The  second  proposition  was  then  adopted. 

The  ordinance  then  passed  the  third  time,  yeas  58,  nays  49, 
as  follows : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bnnn,  Byrd,  Clingman, 
Coleman,  Cooper,  Cowell,  Cunningham,  Dobson,  Dula,  Dur- 
ham, Everett,  Faison,  Farrior,  George,  Green,  Harrington, 
Hassell,  Henderson,  Hinnant,  Jarvis,  Jones  of  Caldwell,  King 
of  Pitt,  Kirby,  Love,  Manning  of  Chatnam,  Man-hall,  Mc- 
Corkle, McEachin,  Morehead.  Motz,  Neal,  Nk-holson,  Patter- 
son, Piice,  Redwine,  Reid,  Robbins,  Roberts  of  Davidson, 
Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Sho- 
ber, Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Summers, 
Turner,  Vaughan  and  Watts. 

Nats — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Boyd,  Bullock,  Bnx- 


248  JOURNAL  OF  THE 

ton,  Bryan,  Cary,  Camberlain,  Crosby,  Davis,  Dockery,  Fair- 
cloth,  French,  Goodwin,  Grantham,  Hodge,  Holton,  Horton, 
Jones  of  Yadkin,  Jordan,  Justice,  King  of  Lenoir,  Lehman, 
Lowe,  Mabson,  Manning  of  New  Hanover,  Massey,  McCabe, 
MeCanless,  McDonald,  Mnnden,  Nowell,  O'Hara,  Page, 
Smythe,  Taylor,  Thorne,  Wheeler,  Wilcox,  Woodiin  aud 
Young. 

The  following  delegates  paired  off : 

Messrs.  Allison,  Bowman,  Carter,  Kerr,  Scott  of  Jones 
Tourgee,  Wilson  and  Withers. 

Leave  of  absence  was  granted  Mr.  Tourgee  for  four  days, 
and  to  Mr.  Hughes,  Assistant  Doorkeeper,  until  Tuesday  next. 

On  motion  of  Mr.  Durham,  the  Convention  took  a  recess 
until  4:30  P.  M.  today. 


EVENING   SESSION. 

October  7, 1875. 

The  Convention  re-assembled  at  4:30  P.  M. 

Mr.  Mnnden  introduced  a  resolution  relating  to  printing  the 
Constitutional  amendments,  which  was  read  and  placed  on  the 
calendar. 

The  consideration  of  general  orders  being  in  order,  the  Con- 
tention proceeded  to  the  consideration  of  the  following  ordi- 
nances on  third  reading : 

0.  No.  115 :  An  ordinance  to  alter  section  26,  article  4,  of 
the  Constitution. 

The  ordinance  was  read  the  third  time. 

Mr.  Massey  offered  the  following  amendment : 

Strike  out  all  after  the  word  "  courts  "  in  line  6,  down  to 


CONVENTION  OF  1875.  249 

and  including  the  word  "amendment"  in  seventh  line ;  and 
strike  out  all  after  the  word  "years"  in  line  9;  so  that  the 
section,  as  amended,  shall  read  thus:  "Strikeout  sections 
26  and  27,  article  4,  of  the  Constitution  and  insert  the  follow- 
ing :  The  Justices  of  the  Supreme  Court  shall  he  elected  by 
the  qualified  voters  of  the  State  as  is  provided  for  the  election 
of  members  of  the  General  Assembly.  They  shall  hold  their 
offices  for  eight  years.  The  Judges  of  the  Superior  Courts 
shall  be  elected  iu  like  manner  as  is  provided  for  Justices  of 
the  Supreme  Court,  and  shall  hold  their  offices  for  eight  years." 

The  question  recurred  on  the  amendment  offered  by  Mr. 
Massey,  and,  the  yeas  and  nays  being  ordered,  it  did  not  pre- 
vail.    Veas  40,  nays  58,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Bateman, 
Bean,  Black,  Bliven,  Blocker,  Buxton,  Bryan,  Crosby,  Davis, 
Dockery,  Dula,  Faireloth,  French,  Goodwin,  Hinnant,  Hodge, 
Hoffman,  Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice, 
Kerr,  King  of  Lenoir,  Lowe,  Mabson,  Manning  of  New  Flan- 
over,  Massey,  McCabe,  McCanless,  McDonald,  Munden, 
O'Hara,  Page,  Taylor,  Thome  and  Wheeler. 

Nays— Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barrow,  Bennett,  Bingham,  Bnnn, 
Byrd,  Chamberlain,  Clingman,  Cooper,  Cowell,  Cunningham, 
Dobson,  Durham,  Everett,  Faison,  Farrior,  George,  Green, 
Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Love,  Manning  of  Chatham,  McCorkle, 
McEachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts,  Wilcox 
and  Wilson. 

The  following  delegates  were  paired  off: 

Messrs.  Carter,  Scott  of  Jones,  Tourgee  and  Withers. 

Mr.  Hodge  moved  to  amend    by   striking  out  "  eight "  and 


250  JOURNAL  OF  THE 

inserting  "  four  "  in  lieu   thereof  wherever  it  occurs   in  the 
ordinance. 

Mr.  Durham  moved  the  previous  question,  and  the  main 
question  was  ordered. 

The  question  recurring  on  the  amendment  proposed  by  Mr. 
Hodge,  the  yeas  and  nays  were  ordered,  and  it  did  not  prevail. 
Yeas  5,  nays  95,  as  follows: 

Yeas — Messrs.  Byrd,  Cooper,  Everett,  Hodge  and  Wilson. 

IS  ays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Barringer,  Bar- 
row, Bareman,  Bean,  Bell,  Bennett,  Bingham,  Bliven,  Blocker, 
Bull  ck,  Bunn,  Buxton,  Bryan,  Gary,  Chamberlain,  Cling- 
m^n,  Cowell,  Cunningham,  Davis,  Dobson,  Dockery,  Dnla, 
Durham,  Faircloth,  Faison,  Farrior,  French,  George,  Goodwin, 
Grantham,  Green,  Harrington,  Hassell,  Henderson,  Hinnant, 
Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Caldwell,  Jones  of 
Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  King  of  Pitt, 
Kirby,  Love,  Lowe,  Mabson,  Manning  of  Chatham,  Manning 
of  New  Hanover,  Marshall,  Massey,  McCabe,  McCanless, 
MeCorkle,  McDonald,  McEachin,  Morehead,  Motz,  Mnnden, 
Real,  Nicholson,  Nowell,  O'Hara,  Patterson,  Price,  Redwine? 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
Stroud,  Summers,  Taylor,  Thorne,  Turner,  Vaughan,  "Watts 
and  Wheeler. 

The  following  delegates  paired  off: 

Messrs.  Carter,  Scott  of  Jones,  Tourgee  and  Withers. 

The  question  then  recurring  on  the  passage  of  the  ordinance 
on  its  third  reading,  it  passed  the  third  time. 

O.  No.  243  :  An  ordinance  to  add  three  sections  to  article  4} 
of  the  Constitution. 

The  ordinance  was  read  the  third  time. 

Mr.  Faircloth  moved  to  amend  by  striking  out  the  second 
section. 

Mr.  Durham  moved  the  previous  question,  and  the  main 
question  was  ordered. 


CONVENTION  OF  1875.  25> 

The  question  recurring  on  the  amendment  proposed  by  Mr., 
Faircloth,  the  yeas  and  nays  were  ordered,  and  it  did  not  pre- 
vail.    Yeas  40,  nays  62,  as  follows  : 

Yeas — Messrs.  Barrow,  Bean,  Black,  Bliven,  Blocker, 
Bowman,  Buxton,  Bryan,  Cary,  Chamberlain,  Crosby,  Davis, 
Dobson,  Dockery,  Dnla,  Faircloth,  Goodwin,  Grantham,  Hin- 
nant,  Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice, 
Kerr,  King  of  Lenoir,  Lehman,  Mabson,  Manning  of  New 
Hanover,  Massey,  McCabe,  McCanless,  McDonald,  Munden, 
Page,  Smythe,  Taylor,  Thorne,  Vaughan  and  Wheeler. 

Nays — Messrs.  Albertson,  Allison,  Allman,  Anderson  of' 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Baieman,  Bell, 
Bennett,  Bingham,  Bullock,  Bunn,  Byrd,  Clingman,  Cooper, 
Cowell,  Cunningham,  Durham,  Everett,  Faison,  Farrior, 
George,  Green,  Harrington,  Ilassell,  Henderson,  Hoffman,, 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning, 
of  Chatham,  Marshal,  McCorkle,  Morehead,  Mutz,  Neal,  Nich- 
olson, Nowell,  Patterson,  Price,  Redwine,  Reid,  Robbins,. 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of" 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings,  Strowd,  Summers,  Turner,  Watts,  Wilson  and  Woodfin. 

The  following  delegates  were  paired  off: 

Messrs.  Carter,  Scott  of  Jones,  Tourgee  and  Withers. 

The  question  then  recurred  on  the  passage  of  the  ordinance- 
on  its  third  reading,  and  the  yeas  and  nays  being  ordered,  it 
passed  the  third  time,  yeas  64,  nays  36,  as  follows : 

Yeas — Messrs.  Albertson,  Allison,  Allman,  Anderson  of" 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Barrow,  Bate- 
man,  Bennett,  Bingham,  Black,  Bullock,  Bunn,  Byrd,  Cling- 
man, Cooper,  Cowell,  Cunningham,  Davis,  Durham,  Everett,. 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Horton,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,. 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  Morehead, 
Motz,  Neal,  Nicholson,  Nowell,  Patterson,  Price,  Red  wine,. 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,   Sinclair,  Singeltary,. 


252  JOURNAL  OF  THE 

Spake,  Stallings,  Strowd,  Summers,   Turner,  Yaughan,  "Watts 
-*ad  Wilson. 

Nats — Messrs.  Bean,  Bell,  Bliven,  Blocker,  Bowman,  Bux- 
ton, Bryan,  Cary,  Crosby,  Dobson,  Dockery,  Dnla,  Faircloth, 
Goodwin,  Grantham,  Hinnant,  Hoffman,  Holton,  Jones  of 
Yadkin,  Jordan,  Justice,  King  of  Lenoir,  Lehman,  Mabson, 
Manning  of  New  H&nover,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Mnnden,  Page,  Smythe,  Taylor,  Thorne,  Wheeler 
and  Woodfin. 

The  following  delegates   were   paired  off: 

Messrs.  Carter,  Scott  of  Jones,  Tourgee,  and  Withers. 

The  following  ordinance,  reported  as  correctly  enrolled  by 
'the  Committee  on  Enrolled  Bills,  was  duly  ratified  in  open 
Convention  : 

An  ordinance  to  amend  section  33,  article  4,  of  the  Consti- 
tution. 

The  Convention  then  proceeded  to  the  consideration  of 
O.  No.  146 :  An  ordinance  in  relation  to  municipal  corpora- 
tions, on  its  second  reading. 

The  ordinance  was  read  the  second  time. 

Mr.  Shepherd,  as  Chairman  of  the  Committee  on  Municipal 
Corporations,  offered  the  following  substitute  for  the  whole 
matter,  which  was  adopted  : 

"  The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  article  seven  of  the  Constitution  be  amended 
-by  adding  another  section  thereto,  as  follows  : 

^Section  — .  The  General  Assembly  shall  have  full  power  by 
^statute  to  modify,  change  or  abrogate  any  and  all  of  the  pro- 
visions of  this  article  and  substitute  others  in  their  place,  ex- 
cept sections  seven,  nine  and  thirteen." 

The  Convention  then  adjourned  until  10  A.  M.   to-morrow. 


CONVENTION  OF  187*.  253; 

TWENTY  NINTH  DAY. 

Friday,  October  8,  1875.. 

The  Convention   assembled  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  was  o'ered  by  Rev.  Mr.  Spake. 

Leaves  of  absence  were  granted  as  follows : 

To  Mr.  Bowman  until  Wednesday  ; 

To  Mr.  French  for  two  days ; 

To  Mr.  Manning,  of  New  Hanover,  for  Saturday  and  Mon- 
day. 

Mr.  Turner  presented  a  petition  from  certain  citizens-  of 
Raleigh,  praying  the  Convention  to  pass  an  ordinance  forbid- 
ding the  Legislature  to  levy  a  tax  to  pay  the  fraudulent  State 
bonds,  known  as  "  special  tax  bonds,"  without  first  obtaining 
leave  of  the  people  at  the  polls  by  ballot ;  which  was  read  and 
placed  on  the  calendar. 

Reports  from  standing  committees  were  submitted  a£ 
follows : 

From  the  Committee  on  the  Judicial  Department : 
-  By  Mr.  Bennett,  R.  No.  277:  A  resolution  of  instruction  lo- 
th e  Committee  on  the  Judicial  Department,  with  an  acsompa^ 
nying  ordinance. 

From  the  Committee  on  Municipal  Corporations : 

By  Mr.  Shepherd,  R.  No.  184:  A  resolution  instructing  the 
Committee  on  Muuicipal  Corporations,  to  consider  the  pro- 
priety of  amending  divers  and  sundry  inconsistent  and  contra- 
dictory sections  of  the  Constitution  herein  pointed  out,  witba 
request  that  the  Committee  be  discharged  from  the  further- 
consideration  thereof. 

At  the  expiration  of  the  morning  hour,  the  Convention  pro- 
ceeded to  the  consideration  of  the  unfinished  business  of  tbe- 
preceding  day,  to-wit : 


254  JOURNAL  OF  THE 

O.  No.  146  :  An  ordinance  in  relation  to  Municipal  Cor- 
porations. 

The  ordinance  was  read. 

Mr.  Massey  offered  to  amend  by  adding  to  section  14  these 
'words : 

"But  nothing  herein  contained  shall  operate  to  deprive  the 
people  of  the  election  of  the  officers  now  provided  for  under 
this  article  of  the  Constitution,  as  now  provided  by  la;v." 

Mr.  Durham  called  the  previous  question,  and  the  main 
question  was  ordered  to  be  put, 

The  question  recurring  on  the  amendment  offered  by  Mr. 
Massey,  the  yeas  and  nays  were  ordered,  and  the  amendment 
did  not  prevail.     Yeas  55,  nays  56,  as  follows: 

Yeas — Messrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Biiven,  Blocker,  Bowman,  Boyd,  Bul- 
lock, Buxton,  Bryan,  Cary,  Camberlain,  Crosby,  Davis,  Dob- 
son,  Dockery,  Dula,  Faircloth,  French,  Goodwin,  Grantham, 
Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones 
of  Yadkin,  Jordan,  Justice,  King  of  Lenoir,  Lehman,  Lowe, 
Mabson,  Manning  of  New  Hanover,  Massey,  McCabe,  MeCan- 
less,  McDonald,  Munden,  Novvell,  <  »'Hara,  Page,  Smythe, 
Taylor,  Thome,  Wheeler,  Wilcox,  Woodfin  and  Young. 

Nays — Messrs.  All  man,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bnnn,  Carter,  Clingraan, 
'Coleman,  Cooper,  Cowell,  Cunningham,  Durham,  Everett, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love, 
Manning  of  Chatham,  Marshall,  McEachin,  Morehead,  Motz, 
Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings,  Strowd,  Summers,  Turner,  Vaughan,  Watts  and  Wilson. 

The  following  delegates  were  paired  off:  Messrs.  Tourgee 
and  Withers. 


CONVENTION  OF  1875.  255 

By  leave,  Mr.  Manning,  of  New  Hanover,  offered  the  fol- 
lowing amendment : 

"  Add  after  the  word  '  provide  '  in  6th  line  of  section  13  : 
But  the  General  Assembly  shall  not  have  authority  to  abolish 
the  board  of  county  commissioners,  or  establish  the  old  county 
courts." 

The  yeas  and  nays  being  ordered,  the  amendment  did  not 
prevail.     Yeas  52.  nays  57,  as  follows  : 

Yea.s — Messrs.  Badger,  Barriuger,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd,  Bullock,  Bux- 
ton, Bryan,  Cary,  Crosby,  Davis,  Dockery,  Dula,  Faircloth, 
Goodwin,  Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman, 
Holton,  Horton,  Jones  of  Yadkin,  Jordan,  Justice,  King  of 
Lenoir,  Lehman,  Lowe,  Mabson,  Manning  oj  New  Hanover, 
Massey,  McCabe,  MoCanless,  McDonald,  Munden,  Nowell, 
O'Hara,  Page,  Taylor,  Thorne,  Wheeler,  Wilcox,  Woodfin 
and  Young. 

Nays —Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bnnn,  Byrd,  Carter, 
Clingman,  Coleman,  Cowell,  Cunningham,  Dobson,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts 
and  Wilson. 

The  following  delegates  paired  off: 

Messrs.  Allison,  Kerr,  Tourgee  and  Withers. 

By  leave,  Mr.  King,  of  Lenoir,  offered  the  following  amend- 
ment:  "Strike  out  of  section  7  all  after  the  word  'of  in 
line  5." 

The  Chair  decided  that   the   amendment  was  out  of  order, 


256  JOURNAL  OF  THE 

as  it  was  not  strictly  germane  to  the  matter  before  the  House. 

Mr.  King  appealed  from  the  decision  of  the  Chair. 

The  Chair  put  the  question:  "Shall  the  decision  of  the 
Chair  stand  fur  the  decision  of  the  House?"  and  the  decision 
of  the  Chair  was  sustained. 

The  question  then  recurring  upon  the  passage  of  the  ordi- 
nance on  its  second  reading,  the  yeas  and  nays  were  ordered, 
ana  the  ordinance  passed  the  second  time.  Yeas  55,  nays  54, 
as  follows : 

Yeas — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter,  Clingman, 
Coleman,  Cowell,  Cunningham,  Durham,  Everett,  Faison, 
Farrior,  George,  Green,  Harrington,  Hassell,  Henderson, 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Man- 
ning of  Chatham,  Marshall,  McCorkle,  McEachin,  M<>rehead, 
Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott 
of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltan7,  Spake, 
Stallings,  Strowd,  Summers,  Turner,  Yaughan,  Watts  and 
Wilson. 

Nays — Messrs.  Albertson,  Badger, Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Bowman,  Boyd, 
Bullock,  Buxton,  Bryan,  Ryrd,  Gary,  Chamberlain,  Crosby, 
Davis,  Dobson,  Dockery,  Faircloth,  French,  Goodwin,  Grant- 
ham, Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton, 
Jones  of  Yadkin,  Jordan,  Justice,  King  of  Lenoir,  Lehman, 
Lowe,  Mabson,  Manning  of  New  Hanover,  Massey,  McCabe, 
McCanless,  McDonald,  Munden,  Nowell,  O'Hara,  Page,  Tay- 
lor, Thorne,  Wheeler,  Wilcox,  Woodfin  and  Young. 

The  following  delegates  were  paired  off: 

Messrs.  Allison,  Kerr,  Tourgee  and  Withers. 

On  motion  of  Mr.  Durham,  the  rules  were  suspended  and 
the  ordinance  put  upon  its  third  reading. 

The  ordinance  was  read  the  third  time. 

The  yeas  and  nays  being  ordered,  the  ordinance  passed  the 
third  time.     Yeas  57,  nays  46,  as  follows: 


CONVENTION  OF  1875.  257 

Teas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander 
son  of  Madison,  Avery,  Bennett,  Bingham,  Bnnn,  Carter, 
Clingman,  Coleman,  Cowell,  Cunningham,  Dobson,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Has&elj 
Henderson,  Jarvis,  Junes  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  Motz.  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Yaughan,  Watts 
and  Wilson. 

Nays — Messrs.  Albertson,  Barringer,  "Bateman,  Bean,  Bell, 
Black,  Bliven,  Blocker,  Bowman,  Boyd,  Buxton,  Bryan,  Byrd, 
Cary,  Camberlain,  Cooper,  Crosby,  Davis,  French,  Goodwin, 
Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman,  Holton, 
Horton,  Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  Mabson, 
Manning  of  New  Hanover,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Munden,  Nowell,  O'llara,  Page,  Taylor,  Thorne, 
Wheeler,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Messrs.  Tourgee  and  Withers. 

Mr.  Jarvis  moved  that  the  vote  just  had  be  reconsidered, 
and  that  motion  be  laid  upon  the  table. 

The  motion  to  table  prevailed. 

The  following  ordinance,  reported  as  correctly  enrolled  by 
the  Committee  on  Enrolled  Bills,  was  duly  ratified. 

Ordinance  to  add  two  sections  to  article  4  of  the  Constitu- 
tion of  North  Carolina. 

The  Convention  then  adjourned  until  10  A.  M.  to-morrow. 

17 


258  JOURNAL  OF  THE 


THIRTIETH  DAY. 

Satukday,  October  9,  1875. 

The  Convention  assembled  at  10  A.  M.,  the  President  in 
the  chair. 

Prayer  was  offered  by  Rev.  Dr.  Atkinson. 

The  Journal  of  yesterday  was  read  and  approved. 

On  motion.  Messrs.  Faircloth,  Scott  of  Jones,  Lehman, 
Lowe,  Badger,  S  my  the,  Barrow  and  King  of  Lenoir,  were  per- 
mitted to  have  their  votes  recorded  in  the  negative  on  the 
third  reading  of  O.  No.  146  :  An  ordinance  in  relation  to  Mu- 
nicipal Corporations. 

Mr.  Clingman  presented  a  petition  from  the  Board  of  Al- 
dermen of  the  city  of  Charlotte,  N.  C,  relative  to  the  re  estab- 
lishment of  the  Branch  Mint  of  the  city  of  Charlotte.  Read 
and  referred  to  the  Committee  on  Miscellaneous  Provisions. 

Mr.  Turner  offered  a  petition  from  the  grand  jury  of  Wake 
county,  praying  the  Convention  to  ordain  that  the  fifteen  mil- 
lion dollars  ($L5,000,000)  of  bonds,  known  as  special  tax  bonds, 
should  not  be  paid  before  the  people  of  North  Carolina,  who 
are  to  pay  them,  shall  be  allowed  to  pass  upon  their  merits 
and  validity  at  the  polls  ;  and  expressing  their  conviction  that 
these  bonds  were  "  issued  in  bribery  and  scandalous  corrup- 
tion."    Placed  on  the  calendar. 

Mr.  Bennett,  from  the  Committee  on  the  Judicial  Depart- 
ment, reported  R.  No.  265  :  A  resolution  of  instruction  to  the 
Committee  on  the  Judicial  Department,  concerning  divorces, 
with  a  unanimous  opinion  of  the  committee,  that  this  Conven- 
tion has  no  power  to  grant  divorces. 

The  following  ordinances  and  resolutions  were  introduced, 
read  and  passed  the  first  time,  and  were  referred  or  otherwise 
disposed  of,  as  follows  : 

By  Mr.  Bryan  :  An  ordinance  to  regulate  and  establish  the 


CONTENTION  OF  1575.  259 

salaries  of  State   officers  and  judicial  officers,   now  and  here- 
after to  be  established  by  law.     Placed  on  the  calendar. 

By  Mr.  Boyd:  A.  resolution  in  regard  to  taxes  due  the 
county  of  Alamance  from  the  State  of  North  Carolina.  Placed 
on  the  calendar. 

By  Mr.  Cary :  A  resolution  of  instruction  to  the  Committee 
on  Education.     Placed  on  the  calendar. 

By  Mr.  Wilcox  :  A  resolution  to  pay  the  contestants  from 
Surry.     Placed  on  the  calendar. 

By  Mr.  Bidger  :  An  ordinance  to  amend  article  7,  section 
7,  of  the  Constitution.     Placed  on  the  calendar. 

The  consideration  of  general  orders  being  in  order,  the 
Convention  entered  upon  the  consideration  of  O.  No.  249: 
An  ordinance  to  amend  article  11,  by  adding  an  additional 
section. 

The  ordinance  was  read  the  second  time. 

The  question  recurred  on  the  adoption  of  the  substitute, 
which  reads  as  follows : 

"  The  foregoing  provisien  for  imprisonment  with  hard  labor 
shall  be  construed  to  authorize  the  employment  of  such  con- 
vict labor  on  public  works,  or  highways,  or  other  labor  for 
public  benefit,  and  the  farming  out  thereof  where  and  in  such 
manner  as  may  be  provided  by  law." 

The  substitute  was  adopted. 

Mr.  Tourgee  offered  to  amend  by  adding  : 

"  Provided,  That  no  convict  whose  labor  may  be  farmed  out 
shall  be  punished  for  any  failure  of  duty  as  a  laborer  except  by 
a  responsible  officer  of  the  State." 

The  amendment  was  adopted. 

The  question  recurring  on  the  passage  of  the  ordinance  on 
its  second  reading,  the  yeas  and  nays  were  ordered,  and  it 
passed  the  second  time,  yeas  98,  nays  9,  as  follows  : 


JOURNAL  OF  THE 

Yeas — Messrs.  Albertson,  Allison,  Allman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Barrin.7er,  Barrow,  Bate- 
man,  Bean,  Bennett,  Bingham,  Black,  Blocker,  Boyd,  Bullock, 
33uun,  Cary,  Carter,  Cbainberlain^Clingman,  Coleman,  Cooper, 
C<«vv«  1,  Crosby,  Cunningham,  Davis,  Dubson,  Dockery,  Dula, 
Durham,  Everett,  Faircloth,  Faison,  Farriur,  George,  Green, 
Hampton,  Harrington,  Hassell,  Henderson,  Hiunant,  Hodge, 
Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Caldwell,  Jones 
of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  King  of  Pitt, 
Kirby,  Love,  Lowe,  Mabson,  Manning  of  Chatham,  Marshall, 
Massey,  McCabe,  McCanless,  McCorkle,  McDonold,  Mc- 
Eachin,  Morehead,  Motz,  Neal,  Nicholson,  Novvell,  Patterson, 
Price,  Redwine,  Keid,  Bobbins,  Roberts  of  Davidson,  Roberts 
of  Gates,  Rumley,  Scott  of  Onslow,  Shepherd,  Shober,  Sin- 
clair, Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Tourgee, 
Turner,  Vaughau,  Watts,  Wheeler,  Wilcox,  Wilson,  Withers, 
Woodfin  and  Young. 

Nays — Messrs.  Badger,  Bell,  Buxton,  Bryan,  Grantham, 
Lehman,  Page,  Sraythe  and  Thome. 

Messrs.  Bowman  and  Bjrd  were  paired  off. 

The  rules  were  suspended  and  the  ordinance  put  upon  its 
third  reading. 

Mr.  Bennett  offered  to  amend  by  adding:  "But  no  convict 
shall  be  farmed  out  who  has  been  sentenced  on  a  charge  of 
murder,  manslaughter,  rape,  attempt  to  commit  rape,  or 
arson." 

The  amendment  was  adopted. 

Mr.  Young  oflered  the  following  amendment :  "  But  the 
convict  so  farmed  out  shall  be  at  all  times  under  the  super- 
vision and  control,  as  to  their  government  and  discipline,  of 
the  Penitentiary  Board,  or  some  officer  of  this  State." 

The  amendment  prevailed,  and  the  ordinance,  as  amended, 
passed  the  third  time. 

The  Conventi®n  next  entered  upon  the  consideration  of 
O.  No.  198  :  An  ordinance  to  amend  section  24.  article  1.  of 


CONVENTION  OF  1875.  261 

the  Constitution,  prohibiting  the  carrying  of  concealed 
weapons. 

The  ordinance  was  read  the  second  time. 

The  question  recurred  on  the  adoption  of  the  substitute 
proposed  by  the  Committee,  and  it  was  adopted,  as  follows: 

At  the  end  of  section  24,  article  1,  add  :  "Nothing  herein 
contained  shall  justify  the  practice  of  carrying  concealed 
weapons,  or  prevent  the  Legislature  from  enacting  penal 
statutes  against  said  practice." 

The  ordinance  then  passed  the  second  time. 

The  rules  were  suspended,  and  the  ordinance  was  read  and 
passed  the  third  time. 

Mr.  Durham  moved  to  suspend  the  rules  and  take  up  O. 
No.  —  :  An  ordinance  to  amend  article  4  of  the  Constitution 
by  striking  out  section  31,  and  inserting  in  lieu  thereof  the 
following: 

"  All  vacancies  occurring  in  the  offices  provided  for  by  this 
article  of  this  Constitution  shall  be  filled  by  the  appointments 
of  the  Governor,  unless  otherwise  provided  for,  and  the  ap- 
pointees shall  hold  their  places  until  the  next  regular  election 
for  members  of  the  General  Assembly,  when  elections  shall 
be  held  to  fill  such  offices.  If  any  person,  elected  or  appointed 
to  any  of  said  offices,  shall  neglect  and  fail  to  qualify,  such 
office  shall  be  appointed  to,  held  and  filled  as  provided  in  case 
of  vacancies  occurring  therein.  All  incumbents  of  said  offices 
shall  hold  until  their  successors  are  qualified." 

The  motion  prevailed  and  the  ordinance  was  read  and  passed 
the  second  and  third  times. 

Mr.  Durham  moved  to  suspend  the  rules  and  take  up  O. 
No.  106  :  An  ordinance  to  amend  section  6,  article  10,  of  the 
Constitution,  prohibiting  intermarriage  of  the  races. 

The  yeas  and  nays  being  ordered,  the  motion  prevailed. 
Yeas  72,  nays  20,  as  follows : 

Yeas — Messrs.  Bennett,   Bingham,  Blocker,  Bunn,  Byrd, 


262  .     JOURNAL  OF  THE 

Carter,  Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell, 
Cunningham,  Dobson,  Dockery,  Dula,  Durham,  Everett,  Fair- 
cloth,  Faison,  Farrior,  George,  Grantham,  Green,  Harrington, 
Hassell,  Henderson,  Hoffman,  Holton,  Jarvis,  Jones  of  Yad- 
kin, King  of  Pitt,  Kirby,  Lehman,  Love,  J^abson,  Manning  of 
Chatham,  Marshall,  Massey,  McCorkle,  McDonald,  McEachin, 
Morehead,  Neal,  Nicholson,  Patterson,  Red  wine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Scott  of  Jones, 
Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Yaughan,  Watts, 
Wheeler,  Wilcox,  Wilson  and  Withers. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bean,  Black,  Bliven,  Cary,  Crosby,  Davis,  Hampton,  Hin- 
nant,  McCabe,  Munden,  O'Hara,  Page,  Thorne,  Tourgee, 
Woodfin  and  Young. 

The  ordinance  was  read  the  second  time. 

Mr.  Durham  moved  the  previous  question,  and  the  main 
question  was  ordered. 

The  question  recurred  on  the  adoption  of  the  substitute 
.proposed  by  the  committee,  and  it  was  adopted. 

By  leave,  Mr.  Albertson  offered  to  amend  by  striking  out 
"  Indians." 

The  amendment  was  accepted. 

By  leave,  Mr.  Smythe  offered  to  amend  by  striking  out 
"  negro." 

The  yeas  and  nays  being  ordered,  the  amendment  did  not 
prevail,  yeas  1,  nays  102^  as  follows  : 

Yeas — Mr.  Thorne.. 

Nays — Messrs.  Albertson,  Allison,  Aliman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Barringer,  Bar- 
row, Bateman,  Bean,  Bell,  Bennett,  Bingham,  Black,  Bliven, 
Blocker,  Bovd,  Buun,  Buxton,  Bryan,  Gary,  Carter, 
Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell,  Cunning- 
ham, Davis,  Dobson,  Dockery,  Dula,  Durham,  Everett,  Fair- 
cloth,  Faison,  Farrior,  George,  Grantham,  Green,  Hampton, 
Harrington,  Hassell,  Henderson,   Hinnant,    Hodge,  Hoffman, 


CONVENTION  OF  1875.  263 

Holton,  Horton,  Jarvis.  Jones  of  Caldwell,  Jones  of  Yadkin, 
Jordan,  Justice,  Kerr,  King  of  Pitt,  Kirby,  Lehman,  Love, 
Lowe,  Marshall,  Massey,  McCabe,  McCahless,  McCorkle,  Mc- 
Donald, McFacbin,  Morehead,  Motz,  Neal,  Nicholson,  N<  well, 
O'Hara,  Page,  Patterson,  Price,  Red  wine,  Reid,  Robbing, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singel- 
tary,  Smythe,  Spake,  Stalling?,  Stroud,  Summers,  Turner, 
Vaughan,  Watts,  Wheeler,  Wilcox,  Wilson,  Withers  and 
Young. 

The  following  delegates  were  paired  : 

Messrs.  Bowman,  Pyrd,  Manning  of  Chatham,  and  Man- 
ning of  New  Hanover. 

The  question  then  recurred  *n  the  passage  of  the  ordinance, 
as  amended,  on  its  second  reading,  and  it  passed  the  second 
time. 

On  motion,  the  rules  were  suspended  and  the  ordinance  put 
upon  its  third  reading. 

The  ordinance  was  read  the  third  time. 

Mr.  O'Hara  offered  to  amend  by  adding  the  following: 

"  And  that  the  General  Assembly  shall  make  the  cohabita- 
tion of  white  men  with  negro  women,  to  the  third  generation 
inclusive,  a  felony." 

The  yeas  and  nays  being  ordered,  the  amendment  did  not 
prevail.     Yeas  46,  nays  59,  as  lollows: 

Yeas — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Blocker,  Boyd,  Buxton,  Bryan,  Cary, 
Cooper,  Crosby,  Davis,  Doc-kery,  Grantham,  Hampton,  Hin- 
naut,  Hoflge,  Hoffman,  Ilolton,  Horton,  Junes  of  Yadkin, 
Jordan,  Justice,  Kerr,  Lehman,  Lowe,  Mabson,  Massey,  Mc- 
Cabe,  McCanless,  McDonald,  Mnnden,  O'jfaTa,  P*ge,  Scott  of 
Jones,  Smythe,  Thorne,  Tuiirgee,  Wheeler,  Wilcox,  Woodfin 
and  Young. 

Nays — Messrs.    Allison,    Allman,    Anderson   of   Madison,. 


364  JOURNAL  OF  THE 

Avery,  Barringer,  Bennett,  Bingham,  Bunn,  Carter,  Cling- 
tnan,  Coleman,  Cowell,  Cunningham,  Dobson,  Dula,  Durham, 
Everett,  Faircloth,  Faison,  Farrior,  George,  Green,  Harring- 
ton, Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell,  Kirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEaehin, 
Marehead,  Neal,  Nicholson,  Nowell,  Patterson,  Price,  Red- 
wine,  Reid,  Rabbins,  Roberts  of  Davidson,  Roberts  of  Gates, 
Rnmley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singel- 
tary,  Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan, 
Watts,  Wilson  and  Withers. 

The  following  delegates  were  paired  : 

Messrs.  Bowman  and  Byrd. 

Mr.  Tourgee  offered  to  amend  by  adding  the  following: 
*'  That  any  act  of  illicit  sexual  intercourse  between  a  white 
person  and  a  negro,  or  a  person  of  negro  blood  to  the  third 
degree,  shall  be  a  misdemeanor." 

The  yeas  and  nays  being  ordered,  the  amendment  did  not 
prevail,  yeas  43,  nays  61,  as  follows  : 

Yeas — Messrs.  Albertson,  Badger,  Barrow,  Bean,  Bell, 
Black,  Bliven,  Blocker,  Buxton,  Bryan,  Cary,  Cooper,  Crosby, 
Davis,  Dockery,  Dula,  Faircloth,  Grantham,  Hampton,  Hin- 
nant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yadkin, 
Jordan,  Justice,  Mabson,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Munden,  O'Hara,  Page,  Scott  of  Jones,  Smythe, 
Thorne;  Tourgee,  Wheeler,  Wilcox,  Woodfin  and  Young. 

Kays — Messrs.  Allman,  Anderson  of  Clay,  Anderson  of 
Madison,  Avery,  Barringer,  Bateman,  Bennett,  Bingham, 
Bunn,  Carter,  Clingman,  Coleman,  Cowell,  Cunningham, 
Dobson,  Durham,  Everett,  Faison,  Farrior,  George,  Green, 
Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell, 
King  of  Pitt,  Kirby,  Lehman,  Love.  Manning  of  Chatham, 
Marshal],  McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nich- 
olson, Nowell,  Patterson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Ruraley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Sicgeltary,  Spake,  Stal- 


CONVENTION  OF  1875. 

linge,  Strowd,  Summers,  Turner,  Vaughan,  Watts,  Wilson 
and  Withers. 

Messrs.  Bowman  and  Byrd  were  paired  off. 

Mr.  Durham  moved  the  previous  question,  and  the  main 
question  was  ordered. 

The  question  recurring  on  the  passage  of  the  ordinance  on 
its  third  reading,  the  yeas  and  nays  were  ordered,  and  the 
ordinance  passed  the  third  time.     Yeas  96,  nays  2,  as  follows; 

Yeas — Messrs.  Albertson,  Allman,  Anderson  of  Clay,  An- 
derson of  Madison,  Avery,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Bennett,  Bingham,  Black,  Bliven,  Blocker, 
Boyd,  Bunn,  Buxton,  Bryan,  Cary,  Carter,  Chamberlain, 
Clingman,  Coleman,  Cooper.  Cowell,  Cunningham,  Davis, 
Dobson,  Dockery,  Dula,  Durham,  Everett,  Faison,  Farrior, 
George,  Grantham,  Green,  Hampton,  Harrington,  Hassell, 
Henderson,  Hinnant,  Hodge,  Hoffmar,  Hoi  ton,  Horton,  Jar- 
vis,  Jones  of  Caldwell,  Jones  of  Yadkin,  Jordan,  King  of 
Pitt,  Kirby,  Love,  Mabson,  Marshall,  Massey,  McCabe,  Mc- 
Canless,  McCorkle,  McDonald,  McEaohin,  Morehead,  Motz, 
Munden,  Neal,  Nicholson,  Nowell,  O'Hara,  Patterson,  Price, 
Bedwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
Gates,  Rumley,  Scott  of  Jones,  Scott  of  Onslow,  Shepherd, 
Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,  Sum- 
mers, Turner,  Vaughan,  Watts,  Wheeler,  Wilcox,  Wilson, 
Withers,  Woodfin  and  Young. 

Nays—  Messrs.  Crosby  and  Thorne. 

The  following  delegates  were  paired  off: 

Messrs.  Bowman,  Byrd,  Manning  of  Chatham  and  Manning 
of  New  Hanover. 

O.  No.  —  :  An  ordinance  to  add  an  additional  section  to 
article  4,  was  next  taken  up  and  read  the  second  time. 

The  ordinance  reads  as  follows  : 

"  In  case  the  General  Assembly  6hall  establish  other  Courts 
inferior  to  the  Supreme  Court,  the  Judges  and  Clerks  thereof 
shall  be  elected  in  such  manner  as  the  General  Assembly  may 


266  JOURNAL  OF  THE 

prescribe,  and  they  shall  hold  their  offices  for  a  terra  not  ex- 
ceeding eight  years." 

Mr.  Tourgee  offered  to  amend  by  inserting  "  by  the  quali- 
fied voters  within  their  respective  jurisdiction,"  in  the  third 
line. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected,  yeas  48,  nays  57,  as  follows  : 

Yeas — Messrs.  Alberson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Boyd,  Buxton,  Bryan, 
Cary,  Chamberlain,  Crosby,  Davis,  Dula,  Faircloth,  Grantham, 
Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton,  Jones 
of  Yadkin,  Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe, 
Mabson,  Massey,  MeCabe,  McCanless,  McDonald,  Munden, 
O'Hara,  Page,  Scott  of  Jones,  Smythe,  Thorne,  Tourgee, 
Wheeler,  Wilcox,  Woodfin  and   Toung. 

Kays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cooper,  Cowell,  Cunningham,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Hodge,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt, 
Kirby,  Love,  Marshall,  McCorkle,  MeEachin,  Morehead,  Motz, 
Neal,  .Nicholson,  Patterson,  Price,  Red  wine,  Reid,  Robbing, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stal- 
lings,  Strowd,  Summers,  Turner,  Yaughan,  Watts,  Wilson 
and  Withers. 

The  following  delegates  paired  off: 

Messrs.  Bowman,  Bvrd,  Manning  of  Chatham,  Manning  of 
New  Hanover. 

Mr.  Massey  offered  to  amend  by  inserting  in  line  3,  between 
the  word  "elected  "  and  the  word  "  in,"  the  words  "  by  the 
people,  and  by  striking  out  the  word  "  eight  "  and  inserting 
"  four"  in  line  5. 

The  yeas  and  nays  being  ordered,  the  amendment  was  re- 
jected, yeas  49,  nays  54,  as  follows  : 


CONVENTION  OF  1875.  267 

Yeas — Messrs.  Alberfson,  Badger,  Barringer,  Barrow. 
Bateman,  Bean,  Bell,  Black,  Bliveti,  Blocker,  Boyd,  Baxtonr 
Bryan,  Cary,  Chamberlain,  Crosby,  Davis,  Dula,  Fairclotb, 
Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman,  Bolton,. 
Horton,  Jones  of  Yadkin,  Justice,  Kerr,  King  of  Lenoir,. 
Lehman,  Lowe,  Mabson,  Massey,  McCabe,  McCanless,  Mc- 
Donald, Nowell,  O'Hara,  Page,  Scott  of  Jones,  Srnythe, 
Thorne,  Tourgee,  Wheeler,  Wilcox,  Wilson,  Woodfm  and 
Young. 

Nays — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Bennett,  Bingham,  Bunn,  Carter,  Clingman, 
Coleman,  Cowell,  Cunningham,  Durham,  Everett,  Faison,.. 
Farrior,  George,  Green,  Harrington,  Bassel!,  Henderson, 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Mar- 
shall, McCorkle,  McEachin,  Morehead,  Motz,  Neal,  Nichol- 
son, Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts  of^ 
Davidson,  Roberts  of  Gates,  Rumley,  Scott  of  Onslow,  Shep- 
herd, Shober,  Sinclair,  Singeltary,  Spake,  Stallings,  Strowd,. 
Summers,  Turner,  Vaughan,  Watts  and  Withers. 

Messrs.  Bowman,  Byrd,  Manning  of  Chatham,  and  Man- 
ning of  New  Hanover,  were  paired  off. 

Mr.  Jarvis  offered  the  following  amendment:  Strike  out? 
"judges"  in  line  2,  and  insert  "presiding  officers";  and  in 
line  4  insert,  after  the  word  "may,"  the  words  "from  time  to- 
time." 

The  amendment  was  adopted. 

Mr.  Cooper  offered  to  amend  by  adding  :  "  And  the  expense 
of  said  court  shall  be  defrayed  by  the  count}7,  city,  or  other 
municipal  corporation  for  which  the  same  shall  be  established."' 

Pending  its  consideration,  Mr.  Durham  called  the  previous 
question. 

The  call  was  sustained,  and  the  amendment  was  rejected. 

The  ordinance  then  passed  the  second  time. 

Mr.  Durham  moved  that  the   rules  be  suspended,  and  the* 
ordinance  be  put  upon  its  third  reading. 


368  JOURNAL  OF  THE 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed. 
Yeas  62,  nays  46,  as  follows  : 

Yeas — Mr.  President,  Messrs.  Allison,  Allraan,  Anderson 
of  Clay,  Anderson  of  Madison,  Avery,  Bennett,  Bingham, 
Boyd,  Bunn,  Byrd,  Carter,  Clingman,  Coleman,  Cooper, 
Cowell,  Cunningham,  Dobson,  Durham,  Everett,  Faison, 
Warrior,  George,  Green,  Harrington,  Hassell,  Henderson, 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Man- 
ning of  Chatham,  Massey,  McCorkle,  McEachin,  Morehead, 
Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  GateB,  Rumley, 
Seott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan,  Watts, 
Wilson  and  Withers. 

Nats — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Buxton,  Bryan, 
Cary,  Chamberlain,  Crosby,  Davis,  Dula,  Faircloth,  Grant- 
ham, Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Horton, 
Jones  of  Yadkin,  Justice,  King  of  Lenoir,  Lehman,  Lowe, 
Mabson,  Massey,  McCabe,  McCanless,  McDonald,  Mnnden, 
Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Thorne,  Tour- 
gee,  Wilcox,  Woodfin  and  Young. 

Mr.  Tourgee  moved  to  amend  by  striking  out  "  8  "  in  line 
—  and  inserting  "  2." 

The  yeas  and  nays  were  ordered,  and  the  amendment  did 
not  prevail,  yeas  41,  nays  63,  as  follows  : 

Yeas — Messrs.  Albertson,  Badger,  Bean,  Bell,  Black, 
Bliven,  Blocker,  Boyd,  Buxton,  Bryan,  Cary,  Crosby,  Davis, 
Dockery,  Dula,  Hampton,  Hinnant,  Hodge,  Holton,  Horton, 
Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir, 
Lehman,  Lowe,  Massey,  McCabe,  McCanless,  McDonald, 
Munden,  Newell,  O'Hara,  Page,  Scott  ©f  Jones,  Smythe, 
Thorne,  Tourgee,  Woodfin  and  Young. 

Nays — Messrs.  Allison,  Allraan,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Barringer,  Barrow,  Bennett,  Bingham, 
Bunn,  Carter,  Chamberlain,  Clingman,  Coleman,  Cowell,  Cuii- 


CONVENTION  OF  1875,  26» 

ingham,  Dobson,  Durham,  Everett,  Faircloth,  Faisore,  FaF- 
rior,  George,  Grantham,  Green,  Harrington,  Hassell,  Hender- 
son, Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love,  Manning 
of  Chatham,  Marshall,  MeCorkle,  McEachin,  Morehead, 
Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,  Rob- 
bins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott 
of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary,  Spake, 
Stallings,  Strowd,  Summers,  Turner,  Yaughan,  Watts,  Wilsoo 
and  Withers. 

The  fallowing  delegates  were  paired  :  Messrs.  Bowman  and 
Byrd. 

Mr.  Badger  offered  the  following  amendment : 

"  But  no  such  o'ffieer  shall  be  elected  by  the  General  As- 
sembly or  appointed  by  the  Governor  alone,  ©r  by  and  with 
the  advice  and  consent  of  the  Seriate." 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Yeas  49,  nays  58,  as  follows  : 

Yeas — Meosrs.  Albertson,  Badger,  Barringer,  Barrow,  Bate- 
man,  Bean,  Bell,  Black,  Bliven,  Blocker,  Buxton,  Bryan,  Gary, 
Chamberlain,  Crosby,  Davia,  Dockery,  Dula,  Faircloth,  Grant- 
ham, Hampton,  Hinnaut,  Hodge,  Huffman,  Holton,  Hurton, 
Jones  of  Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  Leh- 
man, Lowe,  Mabson,  Mastsey,  McCabe,  McCanless,  McDonald, 
Munden,  Nowell,  Page,  Scott  of  Junes,  Smythe,  Thome, 
Tourgee,  Wheeler,  Wilcox,  Woodfin  and  Young. 

Nays— Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter,  ■ 
Clingman,  Coleman,  Cooper,  Cowell,  *.  unningham,  Dobson, 
Durham,  Everett,  Faison,  Farrior,  George,  Green  Harring- 
ton, Hassell,  Henderson,  Jarvis,  Jones  of  Caldwell,  King  of 
Pitt,  Kirby,  Love,  Marshall,  MeCorkle,  McEachin,  Morehead, 
Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Onslow,  Shepherd,  Shober,  Siuclair,  Singeltary,  Spake, 


-370  JOURNAL  OF  THE 

Stallings/Strowd,  Summers,  Turner,  Vaughan,  Watts,  Wilson 
.-and  Withers. 

The  following  delegates  paired  off: 

Messrs.  Byrd  and  Bowman. 

Mr.  Albertson  offered  to  amend  by  striking  out  the  word 
""  clerks"  wherever  it  occurs. 

The  yeas  and  nays  were  ordered,  and  the  amendment  was 
rejected.     Teas  46,  nays  55,  as  f  >llows  : 

Yeas — Messrs.  Alhertson,  Badger,  Barringer,  Barrow,  Bate- 
inan,  Bean,  Bell,  Black,  Bliven,  Blocker,  B  >yd,  Bullock, 
Chamberlain,  Crosby  Davis,  Dula,  Grantham,  Hampton,  Hin- 
iiant,  Hodge,  Hoffman,  Holton,  Horton,  Jones  of  Yaikin, 
Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mab- 
son,  Massey,  McCabe,  MeCanless,  McDonald,  Munden,  Now- 
-ell,  Page,  Seott  of  Jones,  Smythe,  Thorne,  Tourgee,  Wheeler, 
Wilcox,  Woodfin  and  Young. 

Nats — Messrs.  Allison,  All  man,  Anderson  of  Clay,  Avery, 
Bennett,  Bingham,  Bunn,  Clingmin,  Coleman,  Cooper,  C  >well, 
Cunningham,  Dobson,  Dockery,  Faison,  Farrior,  George, 
Green,  Harrington,  Hassell,  Henderson,  Jarvis,  Jones  of  Cald- 
well, King  of  Pitt,  Kirby,  Love,  Marshall,  McCorkle,  Mc- 
Eachin,  Morehead,  Motz,  Neal,  Nicholson,  Patterson,  Price, 
Redwine,  Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of 
'Gates,  Rnmley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
"Singeltary,  Spake,  Stallings,  Strowd,  Summers,  Turner, 
Vaughan,  Watts,  Wilson  and  Withers. 

The  ordinance  then  passed  the  third  time,  yeas  57,  nays  49, 
as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  Coleman,  Cowell,  Cunningham,  Dobson,  Durham, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby, 
Love,  Marshall,  McCorkle,  McEachin,  Morehead,  Motz,  Neal, 
^Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins,  Roberts 
&t  Davidson,    Roberts    of  Gates,  Rumley,  Scott  of  Onslow, 


CONVENTION  OF  1875  271 

Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
Strowd,  Summers,  Turner,  Vanghan,  Watts,  Wilson  and 
Withers. 

7*  ays — Messrs.  Albertson,  Badger,  Barrow,  Bateman,  Bean, 
Bell,  Black,  Bliven,  Blocker,  B>yd,  Buxton,  Bryan,  Cary, 
Chamberlain,  Cooper,  Crosby,  Davis,  Dockery,  Dula,  Fair- 
cloth,  Hampton,  Hinnant,  Hodge,  Hoffman,  Holton,  Jones  of 
Yadkin,  Jordan,  Justice,  Kerr,  King  of  Lenoir,  Lehman, 
Lowe,  Mabsoii,  Massey,  McCabe,  McCanless,  McDonald,  Mun- 
den,  Nowell,  O'Hara,  Page,  Scott  of  Jones,  Smythe,  Thome, 
Tourgee,  Wheeler,  Wilcox,  Woodfin  and  Young. 

The  following  delegates  paired  off: 

Messrs.  Bowman,  Byrd,  Manning  of  Chatham  and  Manning 
of  New  Hanover. 

The  following  ordinances  and  resolutions,  reported  as  cor- 
rectly enrolled  by  the  Committee  on  Enrolled  Bills,  were  duly 
ratified  in  open  Convention  : 

An  ordinance  to  amend  the  ordinance  submitting  the 
amendments  to  the  Constitution  to  the  people  ; 

An  ordinance  to  amend  article  4  of  the  Constitution,  by 
striking  out  sections  26  and  27,  and  inserting  another  in  lieu 
thereof; 

An  ordinance  to  amend  section  1,  article  6,  of  the  Consti- 
tution ; 

An  ordinance  to  amend  article  7  of  the  Constitution,  by 
adding  another  section  thereto; 

Resolution  to  pay  the  Public  Auditor  and  Secretary  of  the 
Convention; 

Resolution  authorizing  the  Secretary  of  State  to  employ 
clerical  assistance  to  copy  the  ordinances  passed  by  this  Con- 
vention, for  the  public  printer  ; 

An  ordinance  to  amend  article  11,  by  adding  an  additional 
section  thereto. 

Mr.  Badger  moved  that  the  Convention  do  now  adjourn. 

The  motion  prevailed,  yeas  67,  nays  33 : 


272  JOURNAL  OF  THE 

Yeas — Messrs.  Albertson,  Anderson  of  Madison,  Badger, 
Barringer,  Barrow,  Bateman,  Bean,  Bell,  Bennett,  Bingham, 
Black,  Bliven,  Blocker,  Buun,  Buxton,  Bryan,  Cary,  Cham« 
berlain,  Clingman,  Coleman,  Cooper,  Cowell,  Crosby,  Davis, 
Dockery,  Dnla,  Durham,  Faircloth,  Faison,  Grantham,  Hamp- 
ton, Harrington,  Hinnant,  Hodge,  Hoffman,  Holton,  Jones  of 
Yadkin,  Jordan,  Justice,  King  of  !  enoir,  Kirby,  Love,  Lowe, 
Mabson,  Marshall,  Massey,  McCabe,  McCanless,  McCorkle, 
McDonald,  Morehead,  Munden,  Neal,  Nowell,  O'Hara,  Page, 
Scott  of  Jones,  Spake,  Thome,  Tourgee,  Vaughan,  Wilcox, 
Wilson,  Withers,  Woodtin  and  Young. 

Nays — Messrs  Allman,  Avery,  Carter,  Cunningham,  Dob- 
son,  Everett,  F.iriior,  George,  Green,  Hassell,  Henderson, 
Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Manning  of  Chat- 
ham, Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbins, 
Roberts  of  Davidson,  Roberts  of  Gates,  Rumley,  Scott  of 
Onslow,  Shepherd,  Shober,  Siuclair,  Singeltary,  Stallings, 
Str<>wd,  Summers  and  Turner. 

The  following  gentlemen  were  paired  : 

Messrs.  Bowman,  Byrd,  Manning  of  Chatham  and  Manning 
of  New  Hanover. 

Thereupon  the  Convention  stood  adjourned  until  10  A.  M. 
Monday. 


THIRTY-FIRST  DAY. 

Monday,  October  11,  18*5. 

The  Convention  assembled   at  10  A.  M.,  the  President  ia 
the  chair. 

Prayer  was  offered  by  Rev.  Mr.  Spake. 

The  Journal  of  yesterday  was  read  and  approved. 

Leaves  of  absence  were  granted  as  follows : 


CONVENTION  OF  1875.  273 

To  Mr.  Mannix  from  last  Wednesday  until  to-morrow ; 

To  Mr.  Goodwin  from  Saturday  until  to  morrow ; 

To  Mr.  Bullock  from  Saturday  until  to  day. 

Mr.  Turner  presented  a  petition  from  certain  citizens  of 
Wake  county  praying  the  Convention  to  pass  an  ordinance 
forbidding  the  Legislature  to  pay  the  special  tax  bonds,  with- 
out first  consulting  the  people  at  the  polls.  Head  and  placed 
on  the  calendar. 

Reports  from  standing  committees  were  submitted  as  fol- 
lows: 

From  the  Committee  on  the  Judicial  Department : 

By  Mr.  Bennett,  O.  No.  14:  An  ordinance  amending  cer- 
tain sections  of  article  4  of  the  Constitution,  with  an  accom- 
panying substitute. 

On  motion  of  Mr.  Bennett,  the  rules  were  suspended  and 
the  ordinance  put  upon  its  passage. 

The  ordinance  was  read  the  second  time  ;  the  substitute  pro- 
posed by  the  Committee  was  adopted,  and  the  ordinmce,  as 
amended,  passed  the  second  time. 

The  ordinance  was  then  read  and  passed  the  third  time. 

By  Mr.  Manning,  the  following: 

"  A  majority  of  the  Committee  on  the  Judicial  Department 
beg  leave  to  report  that  they  have  considered  the  resolutions 
enquiring  into  the  power  of  this  Convention  to  relieve  the 
Salisbury  and  Cheraw  Railroad  from  the  penalties  for  altering 
the  gauge,  and  they  report  that,  in  their  opinion,  such  resolu- 
tion is  a  legislative  act,  and  within  the  restrictions  of  the  act 
of  Assembly  calling  the  Convention." 

Mr.  Reid,  from  the  Committee  on  Revision,  submitted  the' 
followii  g  report : 

"  The   Committee   on    Revision    have   had  the  ordinances 
amendatory  of  the  Constitution  under  consideration,  and  sub- 
mit that  they  have  examined  all  the  said  ordinances  and  find 
18 


274  JOURNAL  OF  THE 

that  the  copies  of  the  same,  as  filed  in  the  office  of  the  Secre- 
tary of  Stare,  are  correct. 

The  attention  of  the  Convention  is  called  to  the  fact  that 
the  amendments  ratified  in  1873  strike  out  several  sections  of 
the  Constitution,  and  would  necessitate  a  change  in  the  num- 
bers of  the  sections  of  the  original  Constitution,  if  this  body 
-deem  it  important. 

Your  Committee  recommend  that  all  of  said  ordinances  be 
submitted  in  the  manner  already  provided  by  law. 

(Signed)  RE1D,  Chairman." 

The  report  was  read  and  adopted. 

Mr.  Morehead,  from  the  Committee  on  Contingent  Expenses, 
submitted  a  report,  with  vouchers,  which  was  read  and  re- 
ceived. 

Mr.  Reid  offered  an  ordinance  authorizing  the  Secretary  of 
State  to  employ  additional  clerical  assistance. 

The  rules  were  suspended,  and  the  ordinance  put  upon  its 
several  readings. 

It  was  then  read  and  passed  the  second  and  third  times. 

The  following  ordinances  and  resolutions,  reported  as  cor- 
rectly enrolled  by  the  Committee  on  Enrolled  Bills,  were  duly 
ratified : 

An  ordinance  t©  amend  article  4  of  the  Constitution,  by 
adding  an  additional  section  thereto. 

An  ordinance  to  amend  article  14  of  the  Constitution,  pro- 
hibiting intermarriage  of  the  races. 

An  ordinance  to  amend  section  24,  article  1,  of  the  Consti- 
tution. 

An  ordinance  to  amend  section  31,  article  4,  of  the  Consti- 
tution. 

An  ordinance  to  amend  article  4,  section  10,  of  the  Consti- 
tution of  North  Carolina. 

A  resolution  authorizing  the  Secretary  of  State  to  employ 
additional  clerical  assistance. 

On  motion  of,aMr.  Avery,  the  Committee  on  Contingent 


CONVENTION  OF  1875.  275 

Expenses  were  d;rected  to  pay  Join  Cox,  a  page  of  this  Con- 
vention, the  sum  of  two  dolla  s  ($2.00)  per  'Hem  during  the 
term  of  his  service  as  an  employee  of  the  Convention. 

Mr.  Manning,  of  Chatham,  movel  that  the  rules  be  suspen- 
ded, and  that  the  House  take  up  R.  No.  277  :  A  resolution  of 
instruction  to  the  Committee  on  the  Ju  licial  Department. 

The  motion  to  suspend  the  rule*  did  not  prevail. 

Mr.  Munden  moved  to  sngpen  1  the  rules  and  take  up  O. 
No.  154:  An  ordinance  to  reduee  the  number  of  State  Sena, 
tors  to  twenty-five. 

The  yeas  and  nava  being  ordered,  the  House  refused  to  sus- 
pend the  rules.     Yeas  55,  nays  56,  as  follows : 

Yea.8 — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Bingham,  Black,  Bliven,  Blocker,  Boyd, 
Buxton,  Bryan,  Cary,  Chamberlain,  Clingnfan,  Crosby,  Davis, 
Dockery,  Dula,  Fafrcloth,  Grantham,  Hampton,  Hinnant, 
Hodge,  Hoffman,  Holton,  Rorton,  Jones  of  Yadkin,  Jordan, 
Justice,  Kerr,  King  of  Lenoir,  Lehman,  Lowe,  Mabsori, 
M'*ssey,  MeCabe,  McCanless,  McDonald,  Munden,  No  well, 
O'Hara,  Scott  of  Jones,  S  my  the,  Taylor,  Therne,  Tourgee, 
Vaughan,  Watts,  Wheeler,  Wilcox,  Woodfin  and  Young. 

Nats — Messrs.  Allison,  All  man,  Anderson  of  Clay.  Ander- 
son of  Madison,  Avery,  Bennett,  Bonn,  Byrd,  Carter,  C  leman.a 
Cooper.  Cowell,  Cunningham,  Dobson,  Durham,  Everett, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Kirby,  Love-,. 
Manning  of  Chatham,  Marshall,  McCorkle,  McEachin,  More- 
head,  Motz,  Neal,  Nicholson,  Patterson,  Price,  Redwine,  Reid,, 
Bobbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rumley, 
Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stalhtigs,  Strowd,  Summers,  Turner,  Wilson  arid 
Withers. 

Mr.  "Manning,  of  Chatham,  moved  to  suspend  the  rules  and- 
take  up  R.'  No.  277  :  A  resolution  of  instruction  to  the  Com- 
mittee on  the  Judicial  Department. 


276  JOURNAL  OF  THE 

The  yeas  and  nays  being  ordered,  the  Convention  refused 
to  suspend  the  rnles,  yeas  56,  nays  4-7,  as  follows  : 

Yeas — Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Boyd,  Bunn, 
Byrd,  Carter,  Cooper,  Co  well,  Cunningham,  Dobson,  Everett, 
Faison,  Farrior,  George,  Green,  Harrington,  Hassell,  Hender- 
son, Jarvis,  King  of  Pitt,  Kirby,  Love,  Manning  of  Chat- 
ham, Marshall,  MeCorkle,  McEaehin,  Morehead,  Motz,  Neal, 
Nicholson,  Patterson,  Price,  Redwine,  Reid,  Robbing,  Roberts 
of  Davidson,  Roberts  of  Gates,  Rutnley,  Scott  of  Onslow, 
Shepherd,  Shober,  Sinclair,  Singeltary,  Spake,  Stallings, 
"Strowd,  Summers,  Vaughan,  Watts,  Wilson  and  Withers. 

Nats — Messrs.  Albertson,  Barringer,  Barrow,  Bateman, 
Bean,  Bell,  Black,  Bliven,  Buxton,  Bryan,  Cary,  Chamberlain, 
Clingman,  C*>lemap,  Crosby,  Davis,  Dockery,  Durham,  Fair- 
cloth,  Grantham,  Hampton,  Hinnant,  Hodge,  Hoffman,  Hor- 
ton,  Jones  of  Yadkin,  Jordan,  Kerr,  King  of  Lenoir,  Lowe, 
Mabson,  Massey,  McCabe,  McDonald,  Munden,  Page,  Scott  of 
Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Turner,  Wheeler, 
Wilcox,  Woodfin  and  Young. 

Mr.  Jarvis  offered  a  resolution  that  this  Convention  do 
adjourn  sine  die  at  six  o'clock  P.  M.  Oct.  1 1,  1875  ;  and  moved 
that  the  rules  be  suspended  in  order  to  place  the  resolution  on 
its  immediate  adoption. 

The  yeas  and  nays  were  ordered,  and  the  motion  prevailed, 
yeas  108,  nays  2,  as  follows  : 

Yeas — Messrs.  Albertson,  Allison,  Aliman,  Anderson  of 
Clay,  Anderson  of  Madison,  Avery,  Badger,  Barringer,  Bar- 
row, Bateman,  Bean,  Bell,  Bennett,  Bingham,  Black,  Bliven, 
Blocker,  Boyd,  Bunn,  Buxton.  Bryan,  Byrd,  Cary,  Carter, 
Chamberlain,  Clingman,  Coleman,  Cooper,  Cowell,  Crosby, 
Cunningham,  Davis,  Dobson,  Dockery,  Dula,  Durham,  Eve- 
rett, Faircloth,  Faison,  Farrior,  George,  Grantham,  Green, 
Hampton,  Harrington,  Hassell,  Henderson,  Hinnant,  Hodge, 
Hoffman,  Holton,  Horton,  Jarvis,  Jones  of  Caldwell,  Jones 
of  Yadkin,  Jordan,   Justice,   Kerr,   King  of  Lenoir,  King  of 


CONTENTION  OF  1875.  277 

Pitt,  Kirby,  Lehman,  Lowe,  Mabson,  Manning  of  Chatham, 
Marshall,  Massey,  McCabe,  McCanless,  McCorkle,  Mc- 
Donald, McEachin,  Morehead,  Motz,  Mnnden,  Nea1,  Nichol- 
son, Nowell,  O'Hara,  Page,  Patterson,  Price,  Redwine,  Reid, 
Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Burnley, 
Scott  of  Jones,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair, 
Singeltary,  Smythe,  Spake,  Stallings,  Strowd,  Summers,  Tay- 
lor, Thorne,  Tourgee,  Yanghan,  Watts,  Wheeler,  Wilson, 
Withers,  Woodfin  and  Young. 

Nats — Messrs.  Love  and  Turner. 

The  resolution  was  read. 

Mr.  Turner  moved  to  amend  by  striking  out  "  October 
11th  "  and  inserting  "  October  12th." 

Pending  the  consideration  of  the  amendment,  Mr.  Durham 
demanded  the  previous  question. 

The  call  was  sustained.  % 

The  question  recurring  first  on  the  amendment  proposed 
by  Mr.  Turner,  it  was  rejected. 

The  question  next  recurred  on  the  passage  of  the  resolution, 
and  it  was  adopted. 

On  motion,  Mr.  Badger  was  permitted  to  withdraw  from 
the  possession  of  the  Public  Auditor  a  certain  certificate  of 
his  per  diem,  in  order  to  correct  an  error  therein. 

Mr.  Wilcox  moved  that  he  be  allowed  to  withdraw  from 
the  Committee  on  Privileges  and  Elections. 

Pending  the  consideration  of  this  motion,  Mr.  Jarvis  moved 
that  the  Convention  take  a  recess  until  half-past  five  o'clock 
to-day. 

The  motion  prevailed,  and  the  Convention  adjourned  until 
5:30  P.  M.  to-day. 


EYENING  SESSION. 

October  11, 1875. 

The  Convention  assembled  at  5:30  P.  M.,  pursuant  to  ad- 
journment, the  President  in  the  chair. 


278  JOURNAL  OF  THE 

Mr.  Barringer  offered  a  protest,  and  moved  that  it  be  read 
and  spread  npon  the  Journal  of  this  Convention. 

Mr.  Jarvis  moved  that  that  motion  be  laid  upon  the  table, 
and  demanded  the  yeas  and  nays  on  his  motion. 

The  call  was  sustained,  and  the  vote  resulted  as  follows: 

Yeas  —Messrs.  Allison,  Allman,  Anderson  of  Clay,  Ander- 
son of  Madison,  Avery,  Bennett,  Bingham,  Bunn,  Carter, 
Clingman,  C  >leman,  Cooper,  Cowell,  Cunningham,  Dobson, 
Everett,  Faison,  Farrior,  George,  Green,  Harrington,  Hassell, 
Henderson,  Jarvis,  Jones  of  Caldwell,  King  of  Pitt,  Ttirby, 
Love,  Manning  of  Chatham,  Marshall,  McCorkle,  McEachin, 
Morehead,  M<>tz,  Neal,  Nicholson,  Patterson,  Price,  Redwine, 
Reid,  Robbins,  Roberts  of  Davidson,  Roberts  of  Gates,  Rum- 
ley,  Scott  of  Onslow,  Shepherd,  Shober,  Sinclair,  Singeltary, 
Spake,  Stallings,  Strowd,  Summers,  Turner,  Vaughan,  "Watts, 
Wilson  and  Withers. 

Nays — Messrs.  Albertson,  Badger,  Barringer,  Barrow, 
Bateman,  Bean,  Bell,  Black,  Bliven,  Blocker,  Boyd,  Bullock, 
Buxton,  Bryan,  Chamberlain,  Crosby,  Davis,  Dockery,  Dnla, 
Durham,  Faircloth,  Grantham,  Hampton,  Hinnant,  Hodge, 
Hoffman,  Hoi  ton,  Horton,  Jones  of  Yadkin,  Jordan,  Kerr, 
King  of  Lenoir,  Lehman,  Lowe,  Mabson,  Massey,  McCabe, 
M^Canless,  McDonald,  Mnnden,  Nowell,  O'Hara,  Page,  Scott 
of  Jones,  Smythe,  Taylor,  Thorne,  Tourgee,  Wheeler,  Wilcox, 
Woodfin  and  Young. 

Before  the  vote  could  be  summed  up  by  the  Secretary  and 
announced  by  the  Chair,  the  hour  for  adjournment  (6  P.  M.) 
fixed  by  resolution  of  the  Convention  arrived,  and  the  Presi- 
dent declared  that  this  Convention  stands  adjourned  sine  die. 

E.  RANSOM, 
President  of  the  Convention, 

Johnstone  Jones,  Secretary. 


I3ST3DEXI 


TO   THE 


JOURNAL  OF  THE  CONVENTION 


INDEX  OF  THE  MEMBERS. 


Mr.  President,  11,  22,  23 

Messrs.  Albertson,  23,  39,  94,  170,  211,  262,  270 

Allison,  55,  59,  63 

Allman,  42,  45,  74,  188 

Anderson  of  Clay,  52,  59,  96,  108,  109 

Anderson  of  Madison,  51,  69 

Averj,  3,  9,  42,  43,  44,  55,  59,  60,  85,  86,  107,  116,  117,  119, 
125,  126,  139,  146,  147,  164,  169,  177,  190,  205,  222, 

231,  259 
Badger,  26,  27,  29,  41,  46,  47,  50,  63,  66,  67,  69,  70,  80,  85, 
86,  94,    122,    127,  139,    147,    149,   150,  159,   160,   170, 
172,  206,  212,  213,  214,  217,  219,  228,  237,  238,    239, 

241,  243,  269,  271,  277 
Barringer,  72,  82,  148,  150,  159,  278 

Barrow,  40 

Bateman, 

Bean,  #  107,  140,  191 

Bell,  97 

Bennett,  47,  48,  55,  61,  68,  112,  172,  192,  195,  204,  206,  211, 

260,  273 
Bingham,  24,  45,  155,  208 

Black, 

Bliven,  191 

Blocker,  63,  136;  191 

Bowman,  70,  77,  91,  145,  148,  152,  218 

Boyd,  47,  70,  91,  101,  105,  132,  133,  163,  189,  200,  207,  244,  259 
Bullock, 

Bjunn,  54,  107 

Buxton,     29,  40,  57,  69,  71,  77,  100,  120,  141,  142,  156,  186, 

207,  226,  245 
Bryan,  96,  258 

Byrd,  58 

Cary>    i  245,  259 

Carter,  68 

Chamberlain,  72,   85,  86,  89,  117,  120,  158,  168 

Clingman,  29,  40,  60,  108,  185,  186.  190,  208,  216,  258 

Coleman,  26,  112 

Cooper,        43,   45,  56,  59,  63,  76,  94,  97,  104,  107,  144,  157,  26.7 

19 


II  INDEX  OF  THE  MEMBERS. 

Messrs.  Cowell,  52 

Crosby,  ~*  40,  47,  48,  130,  137,  225 

Cunningham,  57 

Davis,  60 

Dixon, 

Dobson, 

Dockery,  18,  20,  30,  40,  59,  206,  222 

Dula, 

Durham,  38,  39,  45,  46,  47,  48,  55,  56,  59,  61,  97,  105,  110, 
113,  115,  116,  117,  121,  127,  135,  155,  161,  172,  197, 
209,  213,  232,  243,  245,  248,  250,  254,  256,  261,  262, 

265,  267,  277 

Everett, 

Faircloth,  174,  250 

Faisott,  104 

Farrier, 

French,   29.  66,  84,  97,  103,  160,  171,  173,  192,  201,  206,  215, 

222,  228.  229,  234,  237 

George,  42,  52,  144 

Goodwin,  59,  69 

Grantham, 

Green,  76,  125,  155 

Hampton, 

Harrington, 

Hassell,  52 

Henderson,  43,  44,  45,  46,  54,  60,  83,  105,  109 

Hinnant,  77 

Hodge,  136,  249 

Hoffman,  171 

Holton,  163,  .190,  228,  236 

Horton,. 

Jarvis,   28,  42,  82,  97,  121,  136,  148,  150,  178,  186,  189,  217, 

237,  238,  257,  267,  276,  277,  278 

Jones  of  Caldwell, 

Jones  of  Yadkin,  69,  171 

Jordan, 

Justice,  70,  100,  105,  211,  214,  218,  225 

Kerr,  62,  69,  129,  243 

King  of  Lenoir,  96,  101,  104,  255,  256 

King  of  Pitt, 

Kirby,  52 

Lehman, 

Love,  74 

Lowe, 


INDEX  OF  THE  MEMBERS.  Ill 

Messrs.  Mabson,  ■■-""  69,  129 

Mannix,  98,  149 

Manning  of  Chatham,   31,  39,  43,  44,  47,  51,  63,  72,  76,  83, 

91,    120,  129,  132,  136,  137,  147,  158, 

159,  167,  173,  180,  181,  185,  207,  221, 

228,  230,  233,  234,  273,  275 

Manning  of  New  Hanover,  99,  113,  185,  255 

Marshall,  55 


Massey, 

70,  248,  254,  266 

McCabe, 

146,  179,  180,  198 

McCanless, 

191,  243 

McCorkle, 

59 

McDonald, 

McEachin, 

9ft 

Morehead, 

58,  59,  84,  126, 

130, 

138,  139,  14fo  243. 

Motz, 

Munden, 

90,   112, 

139, 

175,  182,  248,  275. 

Neal, 

Nicholson, 

43,  56 

Nowell, 

O'Hara,  — 

40,  57,  263: 

Page"    ~— 

45,  50,  130,  246 

Patterson, 

88 

Price, 

38,  42,  48, 

50,  52,  59,  63,  76 

Redwine, 

70 

Reid, 

49,  55,  76,  119, 

120, 

157,  243,  273,  274 

Robbins,    40,   42,   43, 

45,  46,  54,  70,  86, 

101, 

107,  109,  110, 
113,  139,  142,  147 

Roberts  of  Davidson, 

44>  52 

Roberts  of  Gates, 

139,  144 

Rumley, 

25,  39,  63,  90 

Scott  of  Jones, 

84,  190 

Scott  of  Onslow, 

52 

Shepherd, 

42,  45,  70, 

107, 

108,  109,  132,  252 

Shober, 

23,  48 

Sinclair, 

112: 

Singeltary,  f 

43,  44,  55,  68,  91 

Smythe, 

40 

i,  49,  145,  221,  262 

Spake, 

42,  59,  70,  130' 

Stallings, 

43,  44,  69,  119 

Strowd, 

96,  104 

Summers, 

42,  55,  130 

Taylor, 

Thorne, 

40,  89,  206,  243, 

IV 


INDEX  OF  THE  MEMBERS. 


Messrs.  Tourgee,   3,   25,   28,  40,  46,  56,  60,  63,  65,  74,  99,  108,  109, 

125,  131,  140,  141,  142,  151,  156,  158,  165,  166,  167, 

174,  177,  178,  179,  187,  259,  264,  266,  268 

Turner,  30,  43,  57,  69,  76,   82,   104,  130,  139,  144,  155,  161, 

188,  192,  199,  207,  241,  242,  253,  258,  273,  277 

Vaughan,                                                        46,  52,  72,  89,  158,  163 

Watts,  63 

Wheeler,  24,  52,  82 

Wilcox,                                                               70,  76,  155,  259,  277 
Wilson, 

Withers,                                                                    52,  113,  171,  177 

Woodfin,  89 

Young,                                    39,  50,  83,  87,  95,  159,  199,  208,  260 


INDEX  OF  LEAVES  OF  ABSENCE. 


Avery,  81 
Barringer,                                                                             41,  96,  171 

Bateman,  160 

Bell,  222 

Bennett,  190,  204 

Black,  81,  144 

Blocker,  81,  87 

Bowman,  253 

Boyd,  128 

Bulleck,  81,  273 

Bunn,  111 
Byrd,                                                                                96,  104,  111 

Carter,  136  204 

Crosby,  171 

Cunningham,  81 
Dixon,                                                                                 61    '71,  233 

Dockery,  81 

Durham,  136 
Faircloth,  58,  128,  171 
French,                                                                            38,  118,  253 

George,  87 

Goodwin,  136,  273 

Grantham,  87,  183 

Harrington,  128 

Hassell,  144 

Hinnant,  87,  171 

Hoffman,  118 

Holton,  81 

Hortou,  160 

Jones  of  Yadkin,  87 

Jordan,  75 

Justice,  123 

King  of  Lenoir,  58,  154 

King  of  Pitt,  75 

Kirby,  81,  171 

Lehman,  81,  154 

Lowe,  128 

Mabson,  104 


VI  INDEX  OF  LEAVES  OF  ABSENCE. 

Messrs.  Mannix,  58,  233,  273 

Manning  of  Chatham,  96 

Manning  of  New  Hanover,  81,  253 

Marshall,  81 

Massey,  81 

McCabe,  81 

McCanless,  144 

McDonald,  87,  190 

O'Hara,  87,  190 

Page,  81 

Price,  128 

Roberts  of  Gates,  81 

Scott  of  Jones,  87,  204 

Shepherd,  81 

Sinclair,  87 

Smythe,  67 

Stallings,  81,  171 

Strowd,  50,  118 

Taylor,  81 
Tourgee,                                                                           75,  190,  248 

Wheeler,  81 

Wilcox,  136 

Withers,  183 

Young,  96,  128 

Sergeant-at-Arms,  87 

M.  Q.  Waddell,  136 

J.  P.  Norton,  171 

Peter  Hughes,  248 


INDEX  OF  THE  ORDINANCES. 


ORDINANCES  IN  RELATION  TO  ARTICLE  I,  (Preamble  and  Bill 
Of  Rights.) 

To  revise  section  37,  powers  remaining  with   the  people,      44, 

129,  140 

To  amend  section  21,  regarding  writ  of  Habeas  Corpus,  44 

section  37,  powers  remaining  with  the  people,  44,  192 

section  24,  relating  to  right  to  bear  arms,        52,  129,  -*- 

148,  183,  206,  261 

section  5,  relating  to  allegiance,  52,  129,  139 

section  10,  freedom  of  elections,  69,  129,  139 

section  6,  repudiating  Special  Tax  Bonds,   82,  129.  155, 

161,  189,  196,  208 

section  24,  relative  to  carrying  concealed  weapons,    82,  — 

206,  201 
section  16,  prohibiting  Legislature  from  passing  usury- 
laws,                                                                            136,  183 
To  prohibit  secret  political  organizations,                                    130,  192 


ORDINANCES  IN  RELATION  TO  ARTICLE  II,  (Legislative  De- 
partment.) 

To  amend  section  15,  vacancies  in  General  Assembly,      42,  62,  75,  86 
section  29,    election  of  members  of  the  General  As- 
sembly, 42,  88,  139, 
section  14,  abolishing  private  legislation,  46,  89,  109 
section  29,   election  of   members  of  General  Assem- 
bly,                                                                  54,  62.  89,  107 
section  27,  terms  of  office,                                       54,  88,  107 
section  2,  time  of  assembling,  56,  75 
section  25,  readings  of  bills,  &c,                           63,  93,  119 
section  3,  number  of  Senators,                               63,  89,  108 
sections,  9  10  and  13,  qualifications  of  members,  77,  89,  108 
section  25,  readings  of  bills,  &c,                                  89,  119 
section  13,  prohibiting  special  legislation,                  105,  124 
section  7,  ratio  of  representation,  145 
section  9,  qualification  of  Senators,  163 
To  alter  section  1,  two  branches  of  the  Legislature,  42 
section  2,  time  of  assembling                                    42,  88,  107 
section  29,  election  of  members,                                52,  88,  108   — 


VIII  INDEX  OF  THE  OCDINANCES. 

ORDINANCES  IN  RELATION  TO  ARTICLE  II,  (Legislative  Depart- 
ment.) 

To  annul  sections  4  and  8,  Senatorial  Districts  &c,  55,  88,  107 

To  abolish  the  Senate  of  North  Carolina,  46,  75,  86 

the  Senate,  &c,  248, 

To  provide  for  election  of  members  of  General  Assembly,  42 

for  establishment  of  new  counties,  96,  124 

for  special  legislation,  60,  89,  109 

a  session  of  the  General  Assembly  every  four  years,      155 

To  regulate  pay  of  members  of  the  General  Assembly,    45,  63,  73,  77 ' 

per  diem  and  mileage  of  General  Assembly,  88,  107 

pay  of  members  of  General  Assembly,  46,  88,  107 

pay  of  members  of  General  Assembly,  46,  88,  107 

prescribe  an  oath  to  members  of  General  Assembly,  62,  75,  94 

change  time  of  meeting  of  General  Assembly,  60,  88,  107 

reduce  number  of  State  Senators  feo  twenty-five,  63,  89, 

109,  127,  159,  163,  184,  275 

restore  Anson  county  its  representation,  68,  89 

give  Halifax  another  member  of  General  Assembly,        69,  89,  108 

give  Edgecombe  another  member  of  General  Assembly,  69,  89 

give  Pamlico  a  representative,  70,  89,  109 

give  Graham  a  representative,  76,  88,  108 

give  Bertie  two  members  of  General  Assembly,  97,  124 

Concerning  Civil  Rights  and  Social  Equality,  45,  89,  109 

amendments  to  Constitution  of  the  United  States,  112 

amendments  to  Article  2,  from  Committee,         75,  94,  100 

ORDINANCES  IN  RELATION  TO  ART.  Ill  (Executive  Department.) 
To.  amend  section  10,  appointments  of  officers,  123,  155,  173,  200* 

section  13,  duties  of  officers,  44 

section  1,  terms  of  office,  54,  123,  156,  184 

section  9,  extra  sessions  of  General  Assembly,       55,  75,  93 
section  1,   abolishing  office  of   Attorney  General,     56, 

123,  156,  184 
section  1,  terms  of  office,  97,  124,  156,  184 

divers  sections,  77,  123 

revise  section  3,  returns  of  elections,  53,  124,  139 

reduce  salaries  of  Executive  officers,  63,  123,  139 

fix  salaries  of  Judges  of  Superior  Courts,  76,  123 

require  General  Assembly  to  establish  Agricultural  Depart- 
ment, 104,.  192 
to  abolish  office  of  Lieutenant  Governor,               52,  123,  156,  184 
Concerning  pardoning  power  in  cases  of  impeachment,  43,  128 
terms  of  office  of  certain  officers,              43,  123,  156,,  184 


INDEX  OF  THE  ORDINANCES.  IX 

ORDINANCES  IN  RELATION  TO  ART.  Ill,  (Exelutive  Department.) 

term  of  office  of  Governor,  44,  123 

Executive  mansion,  44,  124,  140 

ORDINANCES  IN  RELATION  TO  ART.  IV,  (Judicial  Department.) 
To  amend  section  8,  reducing  number  Supreme  Court  Justices, 

42,  62,  80,  83,  90 
concerning  number  Supreme  Court  Justices, 

42,  62,  80,  83,  90 
concerning  number  Supreme  Court  Justices, 

42,  62,  80,  83,  90 
concerning  number  Supreme  Court  Justices, 

43,  62,  80,  83,  90 
12,  reducing  number  Superior  Court  Judges, 

43,  91,  100,  105 
12,  reducing  number  Superior  Court  Judges, 

42,  75,  91,  100,  105,  170 
12,  reducing  number  Superior  Court  Judges, 

51,  75,  91,  100,  ,105,  ^70 
12,  dividing  State  into  nine  Judicial  Districts, 

91,  100,  105,  135 
14,  providing  for  rotation  of   Superior  Court 

Judges,  42,  112,  140,  147,  170 

14,  providing  for  rotation  of  Superior  Court 

Judges,  42,  184 

14,  providing  for  rotation  of  Superior  Court 

Judges,  51 

2,  Code  Commissioners,  51,  62 

6,  impeachment,  51 

26,  election,  &c,  of  Judges,  51,  191,  241,  248 

section  1,  distinction  between  law  and  equity,  53 

section  4,  division  of  judicial  powers,  54,  93,  97 

section  16,  appellate  jurisdiction,  56 

section  29,  Solicitors,  58 

section  26,  election,  &c,  of  Judges,  58,  191,  241- 

section  17,  jurisdiction  of  Clerks,  appeal,  69 

sections  15,  21,  22,  29,  30  and  33,  69,  108 

section  4,  division  of  judicial  powers,  76 

section  26.  election,  &c,  of  Judges,  97 

section  17,  prohibiting  apprenticing  of  whites  to  blacks,  104 
section  33,  appeals  from  Magistrates'  Courts,  105 

section  29,  for  election  of  Solicitors  by  Legislature,  125 

section  35,  vacancies  in  Superior  Court  Clerk's  office,       155 
section  17,  jurisdiction  of  Clerks,  appeals,  155 


X 


INDEX  OF  THE  ORDINANCES. 


ORDINANCES  IN  RELATION  TO  ART.  IV,   (Sudicial  Department.) 
To  abrogate  sections  15,  16,   17,   jurisdiction   of  Superior  Court 

Clerks,  &c,  51,  124,  192,  211,  216 

section  19,  special  courts  in  cities,  51,  124 

section  31,  for  filling  vacancies,  &c,  52,  62,  261 

section  9,  terms  of  Supreme  Court,  55,  68,  86 

section  9,  terms  of  Supreme  Court,        '  59,  86,  106,  116 
section  31,  for  filling  vacancies,  &c,  62,  222 

section  33,  jurisdiction  of  Justices  of  the  Peace,  125,     — ' 

144,  194,  210,  231,  233 
To  add  a  section  relative  to  officers  of  Inferior  Courts,  265 

section  repudiating  Special  Tax  Bonds,  163 

section  providing  amendments  shall  not  vacate  existing 

offices,  136,  144,  17? 

section  concerning  removal  of  incapable  Judges,        129, 

190,  237,  250 
To  abolish  townships  and  establish  a  Court  of  Quarter  Sessions,        53 
make  the  homestead  a  fee  simple,  53,  68 

give  Magistrates  jurisdiction  of  misdemeanors  and  petty  larce- 
nies, 105 
give  Magistrates  jurisdiction  in  cases  of  replevin,  69 
Providing  for  election  of  Magistrates  by  Legislature,                   55,  61 
election  of  Solicitors  by  Legislature,                     60,  191 
Respecting  Judges  and  jurisdiction  of  Courts,                  42,  80,  83,  90 
Supreme  and  Superior  Court  Judges,              43,  80,  83,  90 
Clerk  of  Superior  Court,                                              58,  184 


ORDINANCES  IN  RELATION  TO  ARTICLE  V,  (Revenue  and  Taxa- 
tion.) 

To  amend  sections  1  and  2,  capitation  tax  exemption,           59,  68,  111 
section  6,  exempting  certain  property  from  taxation, 

104,  111 

section  3,  to  tax  dogs,                                                    119,  184 

section  2,  application  of  capitation  tax,  51 

To  provide  for  working  of  common  highways,  &c,                    55,  105 

for  exemption  from  taxation  of  certain  property,    55,  172 

for  working  public  roads  by  taxation,                      82,  111 

exempt  certain  personal  property  from  taxation,  90 

manufactured  articles,  112 

confine  capitation  tax  to  educational  purposes,  112 

(See  "  Public  Debt.") 


INDEX  OF  THE  ORDINANCES.  XI 

ORDINANCES  IN  RELATION  TO  ARTICLE  VI,  (Suffrage  and  Eli- 
gibility.) 

To  amend  section  1,  requiring  ninety  days  residence  to  vote,  42,   * 

172,  221,  222,  223,  225,  244 
section  1,  requiring  six  months'  residence  to  vote,  44,  221 
section  1,  requring  six  months'  residence  to  vote,  52 

section  1,  requiring  three  months'  residence  to  vote,  55, 

172,  221,  231,  244 
section  1,  requiring  twelve  months'  residence  in  county 

to  vote,  7G 

section  1,  disfranchising  felons,  &c,  112 

section  1,  requiring  prepayment  of  taxes  to  vote,  54 

section  1,  requiring  prepayment  of  poll  tax  to  vote,  55 

section  1,  requiring  prepayment  of  poll  tax  to  vote,  53 

section  2,  by  striking  out  all  after  "registration,"    145,  205 
section  5,  regarding  increase  of  public  debt,       70,  129,  139 
To  prohibit  felons  from  holding  office,  &c,  45,  206 

township  trustees  assessing  their  own  property,     82, 

111,  147 
disfranchise  paupers,  60,  206 

abolish  certain  tests  of  suffrage  and  eligibility,  243 

ORDINANCES  IN  RELATION  TO  ART.  VII,  (Municipal  Corpo- 
rations.) 

To  amend  section  1,  reducing  number  County  Commissioners,     43,  50 

6ection  11,  county  officers,  43,  51 

section  5,  officers  of  townships,  70,  242 

section  9,  taxes  ad  valorem  76 

the  contradictory  sections,  77,  253 

section  7,  not  to  contract  debt,  96 

section  7,  not  to  contract  debt,  259 

abrogate  Article  VII,  59,  119 

abolish  registration  of  elections,  &c,  82,  124,  147,  205 

prohibit  counties,  cities  and  toAvns  contracting  debts,  63 

provide  for  working  public  roads,  119,  171 

provide  for  compiling  certain  statistics,  145,  205 

In  reference  to  townships,  51 

reference  to  Municipal  Corporations,  59,  161,  254 

Reported  by  Committee  as  substitute  for  this  Article,  252,  254 

ORDINANCES  IN    RELATION   TO    ART.  VIII,  (Corporations  other 
than  Municipal.) 

To  amend  section  1,  corporations  under  general  laws,  54,  183 

section  4,  relative  to  city  and  town  government,         54,  191 


XII  INDEX  OF  THE  ORDINANCES. 

ORDINANCES  IN  RELATION   TO   ART.  VIII,   (Corporations  other 
than  Municipal.) 

correct  errors  in  Article  8,  54 

prohibit  free  passes  to  Legislators,  &c,  60,  183 

confer  on  General  Assembly  power  to  regulate  freights,  &c,    172 

ORDINANCES  IN  RELATION  TO  ART.  IX,  (Education.) 

To  amend  section  3,  providing  for  separate  schools  for  the  races, 

45,  62,  86,  130,  137 
section  3,  providing  for  separate  schools  for  the  races, 

60,  62,  86,  130,  137 
section  3,  providing  for  separation  of  the  races  in  school, 

105,  130,  137 
section  4,  property   devoted  to  educational  purposes, 

55,  58,  68,  93 
section  4,  property  devoted  to  educational  purposes, 

69,  105,  139 
section  4  and  7,  Board  of  Education,  77,  105,  138 

sections  2,  10  and  11,  Board  of  Education,  77 

provide  for  preservation  of  school  fund,     60,  62,  93,  105,  140, 

145,  177 

ORDINANCES  IN  RELATION  TO  ART.  XI,  (Punishments,  Penal 

Institutions  and  Public  Charities.) 

To  amend  section  1,  as  to  punishments,  43,  154 

section  1,  punishments,  52,  154 

section  7,  the  poor  and  orphans,  70,  154 

section  9,  inebriates  and  idiots,  56,  154 

section  10,  deaf  mutes  and  insane,  43,  154 

provide  for  farming  out  convicts,  145,  154,  205,  259 

provide  for  farming  out  convicts,  59,  154 

Strike  out  the  whole  of  article  11,  54,  154 

ORDINANCES  IN  RELATION  TO  ART.  XIII.    (Amendments.) 
To  amend  section  1,  in  reference  to  mode  of  calling  Conventions, 

54,  161,  185, 
section  1,  in  reference  to  mode  of  calling  Conventions, 

63,  185 
section  2,  in  reference  to  mode  of  calling  Conventions, 

53,  161,  185 
section  2,  in  reference  to  mode  of  altering  Constitution, 

59,  185 
section  2,  in  reference  to  mode  of  altering  Constitution, 

76.  185 
submit  calls  of  Convention  to  the  people,  130,  161,  185 


INDEX  OF  THE  ORDINANCES.  XIII 

ORDINANCES  IN  RELATION  TO  ART.  XIV.     (Miscellaneous.) 

To  amend  section  1,  in  reference  to  indictments,  55 

section  5,  in  reference  to  appointments  to  office,  54 

section  7,  in  reference  to  holding  office,  112,  162 

etrike  out  section  1,  in  reference  to  indictment,  130 

prohibit  intermarrying  of  the  races,                                52,  144,  261 


INDEX  TO  KESOLUTIONS. 


Resolution  to  prepare  rules  for  government  of  Convention,  28 

seat  delegates  from  Robeson,  29 

(See  "Robeson  County  Election  case,"  post.) 
fix  hours  of  daily  meeting,  29 

print  ordinances,  &c,  50,  56 

define  duties  of  Committee  on  Revision,         77,  109,  115 
prevent  sale  of  State's  interest  in  its  railroads,  130 

pay  contestants  from  Surry,  259 

authorize  Secretary  of  State  to  employ  clerical  aid,    274 
in  relation  to  decease  of  Hon.  W.  A.  Graham,  30,  80 

funeral  expenses  of  W.  A.  Graham,  50,  109,  121 

keys  of  House  and  Senate  Libraries,  38,  80 

seats  of  R.  C.  Badger  and  other  U.  S.  officers,  38 

Battle's  Revisal  for  use  of  Convention,  39 

seats  of  James  Rumley,  and  others,  State  officers,         39 
Convention  printing,  45 

compromise  of  public  debt,  45 

Legislative  Department,  46,  88,  107 

purchase  of  stationery,  &c,  47,  61,  80 

seat  of  J.  E.  O'Hara,  50,  56 

exchange  of  bonds  between  State  and  Chatham  R.  R. ,    82 
printing  of  the  ordinances,  &c,  155 

Cheraw  &  Salisbury  R.  R.,  177,  206,  273 

power  of  Convention  to  grant  divorces,       172,  208,  258 
completion  of  railroad  from  Old  Fort,  West,  206 

power  of  Convention  to  refund  Alamance  certain 

taxes,  207 

taxes  due  Alamance  from  the  State,  259 

of  instruction  to  Committee  on  Privileges  and  Elections, 

54,  68 
Committee  on  Privileges  and  Elections, 

63,  66 
Secretary  of  Convention,  89 

Committee  on  Privileges  and  Elections, 

169 
Committee  on  Privileges  and  Elections, 

in  relation  to  certain  members,        206 
Committee  on  Education,  259 


INDEX  TO  RESOLUTIONS.  XV 

Resolution  condemnatory  of  Chatham  Railroad  Company,  104 

requiring  Treasurer  to  transmit  to  Convention  certain 

bonds,  144 

proposing  two  sessions  per  day,  207 

on  adjournment,  (see  General  Index  "  A.") 


GENERAL  INDEX. 


ADJOURNMENT  SINE  DIE: 

Motion  for,  27 

Resolutions  for,    50,  56,  57,  59,  70,  83,  90,  95,  96,  104,  113,  136,  243 

October  18th,  243 

October  llth,  276 

Ordinance  in  regard  to,  69,  71,  94 

AMENDMENTS: 

Ordinance  to  submit,  adopted  by  Convention  to  the  people,    83, 

119,  131,  155,  169,  191,  243 

ASSISTANT  SECRETARY. 

Election  of  W.  M.  Hardy,  24 

C 

COMMITTEES: 

appointment  of  Committee  on  Rules,  30 

report  of  Committee  on  Rules,  31 

appointment  of  Standing  Committees,  41 

Committee  on  Enrolled  Bills,  60 

Committee  on  Contingent  Expenses,  61 

Committee  on  per  diem  and  mileage,  75 

Committee  on  Revision,  273 

Committee  on  contingent  expenses,  274 

CONTESTED  ELECTIONS: 

of  Robeson  county,  (see  "Robeson  county  election  case  ")  ^ 
of  Surry  county,                                                                79,  46,  56,  259 

CONTESTED  SEATS: 

Of  Duncan  Sinclair,  (see  Robeson  County  Election  Case,)  7 

C.  A.  McEachin,  (see  Robeson  County  Election  Case,)  7 

Joseph  Dobson,  (see  *'  Contested  Elections — Surry,")  7 


GENERAL    INDEX.  XVII 

CONTESTED  SEATS: 

Of  R.  C.  Badger,  7,  9,  38 

J.  M.  Bateman,  8,  9 

T.  J.  Dula,  8.  9 

J.  Q.   A    Bryan,  8,  9,  38 

B.  F.  Jones,  8,  9 

I.  J.  Young,  38 

J.  S.  Mannix,  38 

R.  F.   Lehman,  38 

J.  E.  O'Hara,    «— —  50,  56 

James  Rumley,  39 

E.  L.  Vaughan,  39 

Joseph  Dobson,  39 

E.  Everett,  39 

Josiah  Turner,  39,  59 

D 

DOORKEEPER: 

appointment  of  temporary,  12 

election  of  principal,  25 

assistant,  26 

second  assistant,  39 

E 

ENROLLING  CLERKS: 

election  of  Mr.  Herren,  48 

Mr.  Waddell,  49 

resolution  abolishing  the  office  of  Assistant,  130 

G 

GRAHAM,  HON.  WILLIAM  A: 

announcement  of  decease  of,  30 

resolution  on  decease  of,  30,  40 

in  relation  to  funeral  expenses  of,  50 

GRANGE  OF  N    C. : 

memorial  from,  96 

GOVERNOR: 

appointment  of  committee  to  wait  on  the,  39 

report  of  above  committee,  41 

20 


XVIII  GENERAL  INDEX. 

H 

HOLDEN,  W.  W. : 

ordinance  for  removal  of  disabilities  of,    27,  46,  82,  85,  117,  121,  125 
to  submit  to  the  people  the  question  of  pardon  of,    163,  286 

HOMESTEAD: 

ordinance  to  make,  a  fee  simple,  53,  68,  108 

M 

MINORITY  REPORT: 

on  Article  VII,  Municipal  Corporations,  162 

I,  section  87,  Preamble  and  Bill  of  Rights,  191 

by  minority  of  Committee  on  Privileges  and  Elections,  168 

Committee  on  Executive  Department,  184 

0 

ORGANIZATION: 

of  the  Convention,  1-23 

ORANGE  COUNTY: 

Mr.  Patterson,  delegate  from,  takes  his  seat,  88 

ORDINANCES: 

for  the  financial  relief  of  the  people  of  North  Carolina,  206,  242 

to  submit  amendment  to  Sec.  3,  Art.  IX,  to  a  separate  vote,  243 

to  regulate  salaries  of  public  officers,  259 


PAGES: 

resolution  to  appoint,  29 

PER  DIEM  AND  MILEAGE  OF  CONVENTION: 

ordinance  to  provide,  66,  70,  76,  82,  84,  110,  113,  115 

in  relation  to,  69 

PETITION: 

from  ladies  of  Wilmington,  160 

W.  C.  Evans,  190 

W-  A.  Rhodes  and  others.  241 


GENERAL  INDEX.  XIX 

PETITION: 

against  interference  of  railroads  in  State  affairs,  242 

from  certain  citizens  against  payment  of  special  tax  bonds.  253 

Charlotte  relative  to  Branch  Mint,  258 

grand  jury  of  Wake,  relative  to  special  tax  bonds,  258 

citizens  of  Wake  against  special  tax  bonds,  273 

PRESIDENT  OP  CONVENTION: 

nominations  for,  9 

votes  cast  for,  9-21 

election  of  Edward  Ransom  to  be,  22 

PRINCIPAL  SECRETARY: 

election   f  Johnstone  Jones  to  be,  23 

resolution  of  instruction  to,                                                    88,  109,   121 

as  to  Journal,                                   103,  131,  206 

PROTEST: 

against  validity  of  oaths,  3 

action  of  majority  in  Robeson  case,  168 

paying  contestants  from  Robeson,  204 

offered  by  Mr.  Barringer  October  11,  278 

PUBLIC  DEBT: 

resolution  in  reference  to  compromise  of,  (by  Durham)      45,  161,  186 
of  instruction  to  Committee  on  Judicial  Department, 

relative  to,                                              243,  244,  253,  275, 

petitions  in  relation  to  payment  of  special  tax  bonds,  241,  253 
ordinance  to  prohibit  payment  of,  till  voted  by  people,  (Wheeler) 

82,  161,  186,  190 

repudiate  special  tax  bonds,  (Jarvis)    82,  129,  155, 

161,  189,  196 

public  debt,  (Boyd)  162,  189 

concerning  the  public  debt,  (Manning  of  Chatham)  207 

R 

ROBESON  COUNTY  ELECTION  CASE: 

first  appearance  of  contestants,  7 

second  appearance  of  contestants,  8 

decision  of  the  Chair,  8 

Sinclair  and  McEachin  sworn  in,  9 


XX  GENERAL  INDEX. 

ROBESON  COUNTY  ELECTION  CASE: 

resolution  to  seat  Norment  and  McNeill,  29,  148,  153,  155,  165 

motion  to  refer  this  resolution   to   Committee  on  Privileges  and 

Elections,  31 

resolution  of  instruction   to   Committee  on   Privileges  and  Elec- 
tions, 57,  120 
resolution  as  to  eligibility  of  Norment  and  McNeill,  59 
requiring  Committee  on  Privileges  and  Elections  to  re- 
port,                                                                             69,  71 
report  of  Committee  on  Privileges  and  Elections,                              120 
protest  of  minority  of  Select  Committee,                                             168 
resolution  that  Committee  on  Privileges  and  Elections  dispose  of 

the  question,  170,  172 

to  pay  contestants,  190 

protest  against  paying  contestants,  204 

resolution  in  regard  to,  207 

RULES  OF  ORDER: 

report  of  Committee  on  Rules  of  Oraer,  31,  39,  76 

resolution  to  amend  Rule  XII,  136 

limiting  time  of  speaking,  144 

s 

SPECIAL  TAX  BONDS:    (See  "Public  Debt.") 


^"^^^^■1 


Ill 


